Wednesday, May 8, 2013
Are We Paying Attention??
It is a basic tenant of driving that anyone who moves her vehicle can ONLY DO SO after she checks to make sure that the way is clear for her to move. In this case, if she had checked, she would have seen your vehicle and she would have taken precautions to avoid it.
She cannot claim that she did not see your vehicle since the law is that every driver is bound to know what facts are there to be seen if only they had looked.
Hence, it makes no difference whatsoever to her negligence that your vehicle was pointed the wrong way. Either she would have seen your vehicle if she had looked, or if it was not there, then not. But either way, whether it was pointing this way or that way or sideways, or even standing on its end, if your vehicle was there to be seen by her before she backed up, then it was her obligation to exercise vigilance BEFORE she moved her vehicle. In this she failed, and your damages are her responsibility.