Liability in traffic accidents: who is responsible?


Questioner

I arrive riding my motorcycle over a gravel path from an entrance to a park. Two cars are parked in front of the barrier. It refuses to open. The drivers make eye contact with each other. I carefully drive towards the cars at a reasonable speed. The last car sees me approaching and thinks it has five meters to move back, so it suddenly starts moving. I'm startled and gently brake. I immediately fall on my right side with extensive damage to the fairing, exhaust, and engine. I'm fine, because everything was going smoothly. She now says she is not responsible for my braking action, but I reacted because she suddenly reversed. The lady literally said I thought I still had 5 meters and wanted to reverse a meter. Of course I don't know what she thinks Now the lady is very upset and afraid of losing her damage. I have enormous damage to my motorcycle. It is now said in legal aid that reversing is a special maneuver where you are not allowed to obstruct traffic She is convinced that she had enough space, and I obviously want to hold her accountable. If she had not deteriorated, nothing would have happened. Is she responsible?

Questioner

Reversing is indeed a special maneuver where you must yield to all other traffic, provided the situation allows. Based on your explanation and without knowing any other facts, I conclude that the driver of the car is liable. At first glance, she seemed to have misjudged the situation. If you cannot resolve this together, please contact me.

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