Who is responsible when a car backing out of driveway collides with car pulling away from curb?

Who is responsible when a car backing out of driveway collides with car pulling away from curb?
O.K. The vehicle that is backing out is backing out from private property. The vehicle that is pulling away should have the right of way. You see when a vehicle is trying to enter a Highway via driveway, parking lot, ect. he is ASKING for the right of way and he is responsible for yielding. Hope this helps. Thanks CMAC, 8 year SC State Trooper