Thank you for your response.
Unfortunately, Maryland is one of the 5 states that uses the antiquated contributory negligence standard as a complete bar to recovery in any negligence claim. Thus, in order to get recovery in court you will have to argue and prove there is no way for her witness to know what you saw or did not see (which is fairly easy, since it is virtually impossible for anyone to tell you what you saw). Furthermore, in court you would show by the location of impact on your car that you could not have seen her backing out and it was her duty to back out of the space safely combined with the fact you were looking for a space to park would generally be sufficient to defeat her defense in court. Since you were looking to park it is presumed you would be more diligent in looking for cars leaving and as such it supports you did not likely see her backing out and she evidently was not looking for you.
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