If someone speeds past and anticipates an accident with a person backing up, who is at fault?

UPDATED: Sep 30, 2022

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If someone speeds past and anticipates an accident with a person backing up, who is at fault?

I got into a vehicle and preceeded to backup when out of nowhere I smack into a
car. I talked to the driver and he stated that he saw me start backing out, sped
up and went a little left and prayed that I could see him. Everyone is saying
that their is a law that puts the person that was backing up in this incident at
fault because I should have seen that it was clear. Even though I looked before
backing up, i saw NO ONE, but they still claim its my fault.

Asked on April 20, 2017 under Accident Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there was a police report, it should state who was at fault in the accident.
If there wasn't any police report, it would appear that you were at fault for backing up and hitting the other vehicle.
In some states, both parties can be deemed at fault with a percentage of liability assigned to each.

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