Does a Car Backing Out of Parking Space Have the Right of Way?

A car backing out of a parking space does not have the right of way, according to Ameriprise Auto & Home Insurance. If a driver backing out hits another car that is already in motion, the car backing out will likely be assigned primary fault for the accident.

A moving car in the traffic lane of a parking lot has the right of way, and a driver backing out from a spot is responsible for waiting until the traffic lane is clear and it is safe to do so. If two cars back out of a spot at the same time and hit each other, they may both share responsibility for the accident.