Okay, you made it sound like you were driving through. Since you were stopped, although I can't imagine why you'd stop directly behind somebody while proceeding to a parking spot, you occupied the space first, and you had the right of way. If you are driving through, the law here (and rightfully so) states you are to yield right of way. Mainly the law is in place because when backing out, you cannot see traffic coming from the sides behind you as other cars obstruct your view. Too many people zip through parking lots like it's a racetrack. If you're backing out and Emerson Fittapaldi doing 25mph in his Geo Metro can't avoid you, it becomes an accident.
In Kentucky, it would appear not to be the case. I feel it's naive to expect a person in a parking space to be able to see through cars, but the x-ray vision of a Kentucky citizen makes it a prudent law.
Statute 189.440 Starting a Parked Vehicle
No person shall start a vehicle that is stopped or parked unless and until the movement can be made with reasonable safety.
Effective October 1, 1942
History Recodified 1942 Ky. Acts ch. 208, sec 1, effective October 1, 1942, from Ky Stat. sec. 2379g-69o.
This would be the statue directly responsible for making the other guy at fault.
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