You're joking... aren't you?

Bryln took the words right out of my mouth, but... The oncoming vehicle has right of way in this circumstance. If it didn't, people would need to slam on the brakes and heed to anyone backing out of a blind driveway.

I don't know, my friends father was walking in a store parking lot on Friday, April the 13th and an SUV flew backwards out of the spot and mowed him down. He needed surgery, has a broken hip and is now in a local rehab hospital. I think the car backing must have had the right of way.

I think this is a great question. Thursday I was completely backed out of a parking spot and just put car into first gear to pull ahead and a car came upon me at that point and "honked" their horn...SORRY...but I think at that point in the backing up I had the right away....

If you impede the flow of traffic while exiting a parking space, forward or backward, technically you are wrong. It's the same as making a turn.

On July 7, 2008 I was leaving at a gas station. I had just pumped gas and started to pull out. I noticed that a vehicle was backing up from a parking place facing the store. He was backing so that his rear bumper was approaching my front bumper. I stopped to let him out when I realized that he didn't see me. I honked my horn but he just backed straight into my bumper. I assumed that he realized it was his fault. The police came but wrote no report because they said it was on private property. I called his insurance to see about getting my bumper fixed when they told me that it was my fault. Come to find out the driver said as he was backing up I was coming forward. I would think that either way the other driver would be at fault. If his statement were true it seems that I would have the right of way. And obviously(I Assume) if I was sitting still then there is no way it was my fault.

http://www.answerbag.com/q_view/280089

whoever makes it out first.

The person backing out needs to yeild to approaching traffic. Check mirrors and blind spots before backing out.

If you impede the flow of traffic while exiting a parking space, forward or backward, technically you are wrong. It's the same as making a turn.

I would say it really doesn't matter, you can be right and still be dead. Many vehicles have a blind spot when backing out, most notably minvans, SUV's and pickups with camper tops. My 2001 Chrysler has the worst blind spot of any vehicle I've ever driven, partly because of doorpost and headrest placement and partly because of tinted windows. Sometimes you are parked next to a van or other large vehicle and you can't see anything. By the same token, sometimes the oncoming driver doesn't see your back-up and brake lights until the last second. The best thing is to keep your head on a swivel in a parking lot, to keep your speed down and to use courtesy and discretion. If someone goofs, assume it was an honest mistake and keep your temper. And if you are driving slowly, hopefully that mistake won't kill anyone.

you're never in the right backing out...just like hitting a parked car you're screwed

whoever is faster!! lol i think the person backing out.

The backer-outer yields to traffic in the aisle, people and vehicles.

A good rule of thumb, even though it isn't in the rulebook this way, is that if you are changing direction or moving into someone else's way, you should yield to other vehicles. This way of thinking keeps everyone safe. That said, the approaching driver should be going no more than 10 mph in a parking lot, and it is POLITE to wave the backing driver to continue, allowing him to safely back out.

The driver, already on the public road, has the right of way. Anytime you open a door or attempt to leave a parked position, you have to yield the right of way to oncoming traffic.

the driver approching has the right of way!

Person back out has the right of way ONLY if it is in a parking lot/structure. If you were backing out on to the main road you are "dissrupting the flow of traffic" BUT it the oncomming car could have avoided the possible accident, they could still be at fault.

Shouldnt the driver who is not backing out at least practice good driving skills which are taught to you in defensive driving to watch out for cars backing out? The driver that hit me while I backed out today lifted my rear tires and pushed me to the left, skid marks on the ground show this and the damage to the body was not back to front showing i backed into them, it was right to left. I was 3 quarters out of the space when they hit me. The Military Police put me at fault, at least the one who wrote the report. But the one I talked to, said it was not my fault and clearly theirs by the skid marks and damage...Hmmm. Any exceptions to this rule? I was looking in all mirrors and upon impact i was facing right rear looking directly behind me and was struck. But it was my fault he said... Insurance and the other police officer, not to mention a few friends who tow cars and fix cars say its not my fault. What the heck?

I had an accident today myself in my new truck. I was backing out of a parking space. My trucks tires were turned and my hood of the truck and front wheels were the only thing half way still inside of the parking space lines. I was more than 3 quarters out of the parking space. I looked in all mirrors and in fact at the moment I was hit by another car, I was looking to the rear directly facing to my right side as pulling out. The car was smaller than me of course and picked my rear tire up and skidded my tires to the left, the direction she was going. She ran into the back of me. The damage to my right truck bed side panel is in the direction she was going. Had I backed into her, the damage of the side panel wouldn't be going from right to left, it would have been back to front. In any case, The MP's of Fort Hood Texas ruled it my fault, although evidence shows the truth of the matter. They chose to ignore it and go with the driver and 2 passenger's story. I think in that case, I was not at fault. And well, my insurance agrees. The cop I was talking to who was there for the report also said it wasn't my fault, and my ex husband who is a police officer saw the damage and says any idiot can tell by the damage and skid marks that I was not at fault...However the cop that made the report thought otherwise and was rather quite rude to me. I figure cuz I wasn't military dependant anymore being I am 25 yrs old and the driver of the subaru was military. I had no where to be, in fact, I waited like 10 minutes to be able to back up when traffic was clear. I was in no rush. But soldiers lunch hour is only so long and everyone on post (50,000 soldiers plus) gets off for lunch at the same time. She obviously was in a hurry. And wasn't paying attention due to having two single male soldiers in her car with her. But heck, I'm not a soldier, I live an hour away from post, and I'm 25 and a female driving a toyota tundra v6 double cab 2008, I must not know how to drive it right? Wrong. But people's personal opinions and judgements get in the way and facts and proof do not matter in these situations where its the good ole boy syndrome going on. Makes me wish I was still married to my ex husband who is a cop and was a E7 in the Army before he retired. Maybe then I would have got fair treatment and my statement actually taken like it should have been. No matter, My insurance is taking care of it and disputing the results and also, the Shoppette has agreed to release the security video for evidence to collaberate my story and the truth. I have confidence that this situation will be resolved accordingly despite the MP's opinion of the matter.

The oncoming vehicle has the right of way. I was recently backed into by somebody who wasn't paying attention to the flow of traffic. They tried to file claim against me but they were found at fault.

Person back out has the right of way ONLY if it is in a parking lot/structure. If you were backing out on to the main road you are "dissrupting the flow of traffic" BUT it the oncomming car could have avoided the possible accident, they could still be at fault. Okay Agreed There! But I was in a parking lot. If I can describe it well enough. Imagine a Gas station with a Blimpes at the end. Front Row Parking spaces...probably at least 20 spaces in the front row. Directly behind that u have an area for flow of traffic for pedestrians and vehicles coming to and from the Gas Pumps. My truck was at the end of the parking spaces. The direction the opposite car was traveling from the other end of the parking lot where they could see me backing out. Plus, The suggested speed limits in parking lots are 10 mph so you have time to react to avoid an accident by observing obstructions in the parking lot like I dont know, a Huge Double Cab Toyota Tundra blocking one full lane and half of the other while backing out. Plus, any moron knows to watch for reverse lights on and not drive closely to the backs of other cars that are parked for that very reason, to avoid an accident. And this person that hit me, did none of those and how did she not see my huge truck blocking 1 1/2 lanes??? She drove without even pushing on her breaks straight into the back of me, like she was trying to quickly pull around and realsied there was no room and just hit me from the side directly behind my rear wheel, bent my exghast pipe and side panel is bent on my passenger side, the direction in which she was traveling. When I was hit my tires were turned and I was just coming to a stop so I could throw my truck into drive and go. My truck lifted from impact and my tires skidded across the ground. She came to a stop and then she threw her car in reverse but couldnt get out from underneath my truck so I drove off of her and had to make a correction in order to get back into my own orginal parking spot. I parked half way in the spot and got out to look at the damage. She had taken off and pulled into another spot. I thought it was a hit and run and first. When the Military MP came and wrote the report, he drew up the diagram exactly the way I was parked at that very moment in the parking space. I told him what had happened and that I had to pull back in to the parking spot. But he drew it the way my truck was sitting at that moment and then placed the other car behind my truck, Instead of drawing my truck with barely the nose and tires in the parking spot and the other car on the side of me at the back end...not behind me at the back end. But directly facing my back tire from the passenger side upon impact. The idiot of course, called what he wrote a Blue Form. My ex husband was a cop and still is a cop and is my best friend. I think I know what a blue form is. And what he gave me, says Traffic Incident Report right on top. And it was Yellow. And from what I know, In a Private Parking Lot, you are to use a Blue Form and not write a report or find anyone at fault unless it is a major accident with over a certain amount of the cost of damage. Plus all a Blue Form is, is the exchange of Insurance Information. And if you want to get technical about this....You don't have to call the police to the scene of the accident in a parking lot cuz all u have to do is exchange information. And let the insurances battle it out. And most Parking lot accidents usually end up as shared responsibility. So that little 3rd Acr girl, has something comming to surprise her, called her being found at fault despite what the report from that officer who showed favoritisim to her because she was active duty like he was and I was just a civilian driving alone. Maybe if I had two single soldiers in the car with me, I might have gotten no fault. of course, her distractions (the two single male soldiers) during lunch hour could not possibly be a reason for her not paying attention to traffic now could it? But yes, I am letting go of some steam at yalls expense, sorry. But also, There is a security camera with footage of me backing up and the pontiac subaru hitting me from the side....LOL, Julie has another thing comming if she thinks she is innocent. Because I have proof of my innocense. And that officer, well, he will get a write up from the cheif and if not...I know how police departments work with formal complaints and also taking that police officer and the department to court to sue for damages....I don't play nice once I had been married to a police officer. I know the laws and what they did wrong (police officer and the department having me talk to a kempner police officer out of his juristicion upon my filing a complaint). And it will be corrected so that future events like this does not happen to another innocent person. And people like that Julie from 3rd ACR will not get a free pass to go. I know I was not at fault. There is proof. So all u people who wonder about Parking lot inncedents like this....They are very controversial and it can go either way. Make sure you have a good lawyer and video evidence is always better than eye witness reports who could be in co hoots with the opposite party and obstructions of view to the accident and every person has their own view of what has happened. Evidence can not be mistaken....Keep your evidence, Take pictures, Look for secuirty cameras or even someone by chance who was filming in the area at the time may have caught it on video....Undeniable Truth is Best!!! Not hear say.