If you back into a speeding driver is it your fault??

A friend was working in a new home construction site...parked sideways at the end of a "driveway"...facing the wrong direction...as he reversed out of the driveway a car came flying around a corner (witnesses say) INTO THE OPPOSITE LANE and ran into the reversing work truck. He has been told by several people that it is automatically his fault because he was reversing. The guy ripped around the corner so fast my buddy had no time to react. Witnesses have approached him and said it was obviously the speeders fault. Its not even a real street yet!! What do you think? Is it automatically his fault because he was reversing???
Additional Details
don't forget.... the " speeder" went onto the wrong side of the road and thats where they hit...

Just Me

Lets not forget that backing from a driveway onto a main street is illegal in most states.So that would place the backer in to the one being wrong.

Sophia

since it is not a real street yet, construction sites have speed limits (based on your states law) and need to be followed. Since the other driver was speeding, its his fault.

leonard e

if the other driver was speeding and it was in a construction zone then it should be the speeder who is at fault just because ur friend was backing up does'nt mean it's his fault. and besides u have witnesses to what happened so i would'nt worry about it cause ur friend should'nt be at fault.

la428282

How are they going to prove he was speeding? did they all have radar guns? Your friend has the duty to yield to ALL traffic coming while backing out of his space.. even "speeding" ones.

It makes me laugh when people try to blame the other person for speeding...

gearnofear

Most state laws are set up in a way that if you are pulling out in to a main flow of traffic (It had to be some kind of street) and there is a collision, then you are responsable. Even if the other party was driving in a wreckless fashion. Now if he has witnesses he can sue the other party for damages to his truck. it would have to go through small claims court. but again the judge may side in favior of the other party.

nader85021

no its not. If the car crashed into your car from the opposite lane. If he was in the right lane then its the fault of the car reversing.

Victor B

If you lived here just backing out into a street would mean that you are at fault.

God Bless America

First of all if he was facing the wrong direction of flowing traffic, and he backs out into the flowing traffic, then he is at fault. Speeding or no speeding the vehicle should have yielded the right of way to the approaching vehicle.

John K

backing driver had to yeid the right of way regardless of the other cars speed. the speeder may be found to have contributory negligence for speeding and causing an accident buy it will be fractional to the backers liability

holly

Your friend backed out across the other drivers path and to make matters worse it was on a corner. Where was the other driver suppose to go but to the opposite lane? it could have been much worse if he had not done that. I say your friend is in the wrong.

UCANTCME

Yes it is, the law reads the anytime that you are backing up or backing up into traffic it is always your fault because you are responsible for watching out for anything and anybody until you are ready to drive forward.

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