I had something similar happen to me. I was backing out of my spot in a very crowded parking lot, and some guy pulled in behind me as I was backing out. Generally speaking, the one backing out has a greater duty of care, but I argued that by checking both sides and backing out slowly, I met that burden, and it was the other driver's negligence in failing to notice a car backing out that contributed more to the collision. I guess I "won" because my insurance declined to cover the other's guy's repairs and he and his insurance company didn't pursue it.

You only have to exercise reasonable amount of care under the circumstances. And everyone involved, even the "victim", has a duty to avoid accident. So if you can satisfy both inquiries, you're good to go.

 

That is what I've always been told. Although it seems like the person on the street has an obligation to stop and let the parking car out the law doesn't support that.

 

if she hit u, its her fault! it was a one way street too of course!