Asked by user in Texas. Answered by Enjuris Editors.
In order to hold your husband liable for her injuries, the motorcyclist needs to prove that your husband created an unreasonable risk of harm. More specifically, she needs to establish negligence by proving 3 elements:
Duty. The motorcyclist must prove that your husband owed her a duty of care. In general, people owe a duty to adhere to a standard of reasonable care while performing acts that could foreseeably harm others. For example, drivers owe all others on the road the duty to exercise reasonable care to avoid harming them.
Breach. The motorcyclist must prove that your husband breached the standard of care.
Causation. The motorcyclist must prove that her injury was caused by your husband’s breach of the standard of care.
In this case, it doesn’t sound like your husband acted unreasonably. He looked before he backed up and stopped before he made contact with the woman. Although the woman certainly has a right to sue your husband, I think she would have a very difficult time proving that your husband was negligent.
It wouldn’t hurt to obtain the security footage and the contact information for any witnesses, but it’s hard for me to say how likely it is the woman will file a lawsuit without knowing more.