- Both Driver A and Driver B were backing out of their parking stalls. The court found that it was necessary for both Driver A and Driver B to keep a proper lookout and to move their vehicles backwards only when it was safe to do so. Driver A was the first to move her vehicle backwards. There were no vehicles behind her vehicle when she moved it backwards (southeast) from her parking stall and came to a stop. Driver A's vehicle was briefly stopped in the traffic lane behind (northwest) Driver B's vehicle when he backed out of his parking stall. Driver B did not see Driver A's vehicle and as a result he backed into her vehicle. Driver A proved that the defendant, Driver B, is solely responsible for the collision.
- Driver B was held 100% at fault and assessed 6 SDR Points.
- Driver A parked at an angled parking spot. He testified that he looked in his rear view mirror and, not seeing any traffic, proceeded to back up and was struck by Driver B. The court concluded that Driver A was not keeping a proper lookout and that, if he had been, he would have seen Driver B's vehicle. When backing up from a parking space into traffic in this type of situation, Driver A had a duty to make sure that he had appropriate time and space to complete the maneuver safely.
- Driver A was held 100% at fault and assessed 6 SDR Points.
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