Driving & Driving Test Tips: Whos at fault backing out??, reconstructionist, legal question

Question
My daughter was in a store parking lot and was backing out of her spot and noticed someone else was backing out also.  My daughter put the car in drive to pull back into her spot when the other driver hit her.  Who is at fault?  My daughter was not moving.

Answer
Since the vehicle codes of states do not apply to private property (except for some specific laws not applicable to this incident)this would be a logic question rather then a legal question.  If your daughter was stopped, it would probably bo the other persons fault, but don't count on the other person to confess.  They will probaly state that your dfaughter pulled out after they had started to pull out and constituted the fault for the collision.

A reconstructionist may be able to help to place the vehicles in their respective positions and be able to assign the movement or lack of movement at the point of impact.