When a driver backs into a vehicle parked in a lot or on the street, they are at fault. However, not all collisions are that simple. When two drivers back up into each other, fault will depend on the circumstances—specifically, which driver had the right of way. When both vehicles are moving and back into each other, both drivers may share liability. However, much depends on the context. If one driver backs their car out of a parking spot and hits a moving vehicle, that driver is at fault. Under New York traffic laws, a parked vehicle does not have the right of way when backing up into a street or a parking lot lane.