Who is responsible if a car is backing in a driveway and is hit by oncoming traffic?

In most cases, the driver backing out of a driveway is typically considered responsible for ensuring that the path is clear before proceeding. This is because they have a duty to check for oncoming traffic. However, liability can vary based on specific circumstances, such as local laws and the behavior of the oncoming vehicle. Factors like speed and visibility may also influence the determination of fault.