Who’s at Fault When Two Cars Back Out at the Same Time in a Tempe Lot?

It sounds like a minor situation—two drivers, both backing out of parking spaces, end up colliding. But in Tempe, these low-speed parking lot crashes can trigger real legal and insurance consequences. The challenge is that fault isn’t always easy to assign when both parties are in motion and visibility is limited.

So, who’s responsible when both vehicles are backing out at the same time and crash into each other?

The answer depends on the circumstances, evidence, and how Arizona applies comparative fault. If you’ve been involved in one of these tricky collisions, speaking with a car accident lawyer early on can help protect your rights.

Parking Lot Collisions Are More Legally Complex Than You Think

Most people assume that because the crash happened in a parking lot—and likely at low speeds—liability won’t matter much. But that assumption is wrong.

In Arizona, parking lots are treated as private property, but the rules of the road still apply. Drivers must yield, maintain awareness, and follow standard duties of care—even when maneuvering in tight, congested spaces.

If you’re found to be more than 50% at fault, your ability to recover damages could be reduced—or denied—depending on how your case is presented.

Two Cars Backing Out at the Same Time: The Default Starting Point

In these situations, insurers often start with the assumption that both drivers may share fault. Here’s why:

• Both vehicles were in motion

• Both drivers had a duty to check surroundings

• Neither driver had “right of way” in a private lot

• There may be limited visibility due to parked cars

When no third-party driver or fixed object is involved, and both cars hit rear-to-rear, insurers often look at comparative fault—a concept Arizona uses in many types of crash claims.

Arizona’s Comparative Fault System Explained

Arizona is a pure comparative negligence state. This means:

• Each driver can be assigned a percentage of fault

• You can still recover compensation even if you’re 90% at fault

• Your compensation will be reduced by your percentage of fault

Let’s say you had $2,000 in vehicle damage and were found 40% at fault. You could recover $1,200. But if you're 80% at fault, you'd only get $400—and the other driver may pursue you for their share.

For more details on Arizona’s fault standards, see the civil court resources at azcourts.gov.

Key Evidence That Determines Fault in These Cases

If you back into another driver—or vice versa—evidence becomes everything. Helpful types of evidence include:

• Surveillance footage from business cameras

• Dashcam recordings

• Eyewitness statements

• Photos of vehicle positions and damage

• Parking lot layout (curbs, obstructions, lanes)

You can request footage or reports from nearby businesses in Tempe by visiting tempe.gov, especially if the crash occurred near high-traffic plazas or shopping centers like Tempe Marketplace or Southern Palms.

Were Both Drivers Moving? One Was Stopped?

This is a critical distinction. If one driver was fully stopped and the other reversed into them, the moving driver is almost always found at fault.

So the first question investigators and insurance adjusters ask is:
Were both cars actively backing out?

If you were already stopped, had your brake on, or were halfway out of the space and stationary, this can shift fault to the moving vehicle.

Obstructed Views and Blind Spots: Who’s Still Responsible?

One of the most common defenses in these collisions is:

“I couldn’t see because of a large truck/SUV/sign.”

But under Arizona law, limited visibility is not a valid excuse for unsafe driving. The duty of care still applies. If you couldn’t see clearly, you were required to:

• Proceed more slowly

• Use your mirrors and/or rear camera

• Honk or alert pedestrians and other vehicles

• Wait for a spotter or better line of sight

This standard is reinforced in many insurance disputes and court decisions involving parking lot accidents in Arizona.

Can You File a Claim for Injuries After a Parking Lot Crash?

Yes—but injury claims are harder to prove in low-speed accidents. You’ll need:

• Medical documentation from within 24–48 hours

• Consistent symptom tracking

• Explanation of how the impact caused soft tissue injuries

Even seemingly minor crashes can cause whiplash, lower back strain, or head injuries if the impact angle was just right.

Arizona law does not limit injury claims based on speed or damage. If you’re hurt, you have a right to pursue compensation.

If you’re unsure how to start the process, see motor vehicle claim resources at az.gov or speak with a local attorney.

Avoiding These Crashes: Tips for Tempe Drivers

Tempe’s lots—especially near university and commercial zones—are tight, busy, and often full of blind corners. Reduce your crash risk by:

• Reversing into spaces instead of pulling in

• Using backup cameras but not relying solely on them

• Pausing an extra 3 seconds before fully backing out

• Asking passengers to watch for pedestrians or other vehicles

• Honking briefly before reversing

These small behaviors can make a difference, especially during weekends, evenings, or campus events when lots are packed.

Final Thoughts

When two cars back out at the same time in a Tempe lot, fault isn’t automatic—but it’s not impossible to determine, either. Through careful documentation, evidence, and understanding Arizona’s comparative fault law, you can protect yourself from being unfairly blamed—or avoid missing out on compensation you’re entitled to.

And if you’ve already been involved in a parking lot collision, working with a Tempe-based car accident lawyer can give you clarity, strategy, and peace of mind as you deal with insurers or legal claims.