Frequently Asked Question:

If a car backs out from a driveway and hits a moving vehicle, whose fault is it?

I just got in an accident where a car backed out from their driveway and hit my passenger side door while I was driving down the street.

Whose fault is it?

I’m just afraid that they’ll somehow twist the situation to make it look like it’s my fault.

Thanks!

Answer by YahooGuru2u
No question, their fault. The car going down the road has the right of way.

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13 Responses to Asphalt: If a car backs out from a driveway and hits a moving vehicle, whose fault is it?

dtsairman says:

January 23, 2012 at 8:07 am

The person backing out must yield to the driver driving down the street. It’s not your job to stop and wait for every car to back up.
hotpinkrat says:

January 23, 2012 at 9:05 am

No I think it’s the driver of the car that was backing out, they have to look to see a safe space to back their car into, you can’t really stop driving down the road just so they can back out now can you.

If you’re really worried, try calling your local police station or Roads authority.

Good luck.
smdiablito says:

January 23, 2012 at 9:09 am

I’m just guessing from what I remember from my driving test, but I think it’s the car backing out, because that car’s the one entering traffic. The car entering traffic is the one that presumably has responsibility for being careful.
diesel says:

January 23, 2012 at 9:10 am

it is the fault of the person backing out , hopefully you called the police and got a police report
Virgo says:

January 23, 2012 at 10:03 am

You’re only suppose to back out, when clear. The people on the road aren’t suppose to stop for you.
Tony says:

January 23, 2012 at 10:43 am

50/50. Both of you should have made the sure way was clear. Regardless of who has right-of-way. It was an accident.
Tanikaaaa says:

January 23, 2012 at 11:18 am

Im in Australia, if you live somewhere else your laws may be different.

The road rules state that a person entering or exiting a driveway must give way to all other vechiles and pedestrians; therefore your safe!

It’s their fault for not looking when they were reversing out, you cant stop in the middle of the road for them to back out, they have to wait for a sufficent break in traffic.
ShuckyDucky says:

January 23, 2012 at 12:15 pm

It’s the fault of the car backing out of the driveway. They don’t have the right of way.
kandari says:

January 23, 2012 at 12:31 pm

obviously the person backing out of the driveway my dad did that and he was at fault…so yea…
Shane A says:

January 23, 2012 at 1:25 pm

This depends on what state you live in. In most states the person coming out of a driveway, be it in reverse or going forward, has to yeild to traffic. However, in states that have no fault, then if there was any way that you could have avoided the accident, by safely swerving or braking, and you didn’t, then it would be partially your fault and they would figure out insurance payouts according to the percentage of fault. In other words, if they found the driver that was backing out at 90% and it did $ 1000 damage to your car, his insurance would pay $ 900. and your insurance would pay %10 of the damage done to his car. Then both insurance rates would go up.
entidtil says:

January 23, 2012 at 1:49 pm

The backing driver is at fault but remember. Insurance companies are the only people who find fault to determine who pays for repairs in an accident. You should be ok.
mbrcatz says:

January 23, 2012 at 1:50 pm

The car backing out of the driveway is at fault.
Scott H says:

January 23, 2012 at 1:52 pm

The person backing out of the driveway must wait until it is safe to do so. That said, a driver has a responsibility to avoid accidents. If you saw the person backing out and could have stopped and prevented the collision, then you are partially at fault.