The ANSWER DEPENDS on the states traffic laws and the facts as found and the Courts application of the fact to the applicable law:
That being said, some of the things that come to mind if a car backs out onto thE street are:
Failure to yield right of way
However, defenses to such may be things such as
Last Clear Chance Doctrine (In laymens terms that means even if the backer was guilty of yielding, the street driver does NOT have the right to plow into him, but has a duty to safely and reasonably take steps to avoid an accident, such as say stopping)
Contributory Negligence
Comparative fault doctrine (if state has such)
Okay if theres a dispute (He says light was red she says it was green) the FACT FINDER (jury or judge in a bench trial) finds the facts then the Judge applies the states law to the facts as found.
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