Nick T

It's known as Right of Way. If you are in a parking space and he is in the parking aisle ( doesn't matter if you were backing out or you had backed in and are driving out), he has right of way. The same if you made a right/left turn unto a highway from a sidestreet. The accident will be YOUR fault for failure to yield. His fault at most would be a "speeding ticket"

Keith13b

iTrader: (3)

Every state has its own laws but in Florida, at least, if the car is backed out more than 50% of the parking space, he (you) has the right of way.

Even if you weren't more than 50% out, the on-comming vehicle still needs to yield to avoid an accident. Intentionally NOT yielding IS a moving violation (lawyers us this alot to get the guilty party off).

A good attorney can get you out of anything, but the cost will be high if the responsible party does not have insurance. In Florida, loosing party pays for the winning party's (reasonable) attorneys fees- so if they have insurance- nail him!