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If I were the Judge, I would say the silver sedan backing out of the driveway had the right of way, and the other vehicle should have just slowed down and waited. They don’t have to like it. It was ‘broad’ daylight, so if they were looking straight ahead, vs at their phones, they could see the sedan nearing the curb.

I would say the silver sedan backing out of the driveway had the right of way

Doubtful. In Connecticut, it had been technically illicit to back out of a driveway. You are supposed back into the driveway. Many years ago I backed out and made contact with a neighbor across the street who was doin the same simultaneously. The police said we were both wrong, because of the rule about backing into driveways.

Even outside of that, in all states that I know of, anybody entering a roadway from a parking lot or driveway is supposed to yield the right of way to the through traffic on the road. An exception might be made if the road SUV had been speeding (making it impossible to yield properly), but if there are no other infractions, the onus is on the person pulling out into traffic.

"If I were the Judge, I would say the silver sedan backing out of the driveway had the right of way..."

Generally, if you're backing out of a parking spot, or a driveway, you do not have the right of way. The car already in the traffic lane has the right of way, and you must wait until it is safe to finish backing out.