Right of way when passing a car backing out?

I understand that you have the right of way when passing a car backing out. I also understand that although it would be courteous, you don't have to honk to warn the person backing out. But if it would avoid an accident, and all the ensuing hassle afterwards, wouldn't it be worth it to honk anyway? Is the fact that you "had" the right of way that important, that you want to risk an accident?

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  • ?
    Lv 7
    2 months ago
    Favourite answer

    I understand that you have the right of way when passing a car backing out.

    What a well informed driver.

     I also understand that although it would be courteous,.....   TRUE

    But if you are hit  you are hit ,delayed, need to get the car fixed and possibly be stuck with part of the bill.

    I like driving my UNDENTED car. After another decade I might not care so much.

    You are allowed to move your foot from gas pedal to brake pedal. Your honking has no affect on a deaf driver.

  • Dan B
    Lv 7
    2 months ago

    NO ONE has the absolute right of way.  The right of way is granted to you by another driver or you grant the right of way to the other driver.    If, by taking the right or way, you are involved in a collision, you can still be cited under the "last clear chance" rule of avoiding a collision even if the other party is negligent (not gross negligent).  Comparitive negligence is similar but assignes the negligence or fault to both parties.

    If you're backing out of a parkinjg space, usually your sight is very limited (so you back out slowly).  If you are let's say half way out and a car comes along and hits you, that driver is more at fault because he can see that you were backing out and could have slowed down or stopped.

    Similar to rear-end collisions.  It's not always the falut of the driver in the back (common belief) depeneding on the facts of the collision.  Insurance scams are perpetuated this way.

  • ?
    Lv 7
    2 months ago

    When a vehicle is backing up, it has no right of way over anyone else at any time.  That's the rule, and that's the end of the debate.

    If you want to honk at a vehicle that is (or is about to be) backing out in front of you, go right ahead.  But it doesn't give you more right of way, because there is no such thing.  If an accident happens when a vehicle is backing up, it's the backer-upper's fault every time.

  • Anonymous
    2 months ago

    Not in ANY place I've driven.

    Thru Traffic has ROW. That Already Moving has ROW. Its just Courtesy for another to Look for your backup lites And give U a break. He doesn't "have" to.I Always Look. Force of habit. Often yield if not too close..

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  • Anonymous
    2 months ago

    The right of way is only a law. It has no power to keep two idiots from colliding if one doesn’t play along.

  • Anonymous
    2 months ago

    As a driver you have a legal and moral responsibility to avoid potential accidents. Failing to take precautionary action makes you partially liable for the accident and that's why you would very likely not be absolved of all blame by a jury or an insurance company, despite your legal right of way. . 

  • Geo
    Lv 6
    2 months ago

    Backing up is where the vast majority of low speed accidents happen according to Insurers. Knowing that, a smart person would avoid that whenever possible. If your driveway has a blind spot, back into it. In parking lots find a slot you can pull thru with your nose out. Honking isn't going to do much, it might be useful to put your Hazard Flashers on at night.

  • Anton
    Lv 6
    2 months ago

    You never have the "Right-of-Way."  Really.  Look at the law.   It talks about who should/shall yield of Right-of-Way, never says who HAS the Right-of-Way.

    You never have the right to clobber someone.  In a collision, the person who could have avoided the collision is generally the one "at fault."

  • fuzzy
    Lv 4
    2 months ago

    It is the responsibility of the person backing out to look and see if the coast is clear, wheelchairs and pedestrians don't honk

  • 2 months ago

    If you find yourself on a collision course into the blind spot of a car that is moving backwards, the brakes would work better than the horn, If you honk instead of brake, you are relying on the other driver to react in time.

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