by burt » Mon Jul 16, 2012 12:31 pm
You were moving and he wasn't. You didn't ensure that the area you were backing into was clear, so the accident is your fault. Providing he was in a legal place, then he has no obligation to warn you that you are improperly backing. If he was parked, he may not have been even looking at you.
Since you were on private property, he didn't need to have his lights on and you wouldn't have seen them anyway - if you couldn't see the car, you wouldn't have seen the lights either.
I don't think you are going to win this one. I also don't believe you need a lawyer to see the video. There should be a method of getting the video through the court. But what are you going to see from his dash? You are going to see a trailer backing up and hitting his car!
The Highway Patrol officer who wrote the ticket will have to appear in court. You might 'win' if he doesn't show.