Maybe the Motorcyclist should have been watching the road.
HE was responsible for the accident, not this lady.
The ultimate fruits of excusing lack of culpability on the part of the actor is excemplified here. But then this is Canada and Canadian law on such things may be as bizaar as their view on self defense and freedom of expression.
Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages; and proximate cause, a showing that the harm is within the scope of liability.The criminal negligence most likely adds some form of intent.
HE was responsible for the accident, not this lady."
Oh, really?
The lady is not responsible, even though she parked her car in a driving lane on a road without a shoulder?:
Even though this accident was at night and multiple witnesses said she did NOT put her hazard lights on before leaving her vehicle there?
I agree. If I strike a vehicle from behind, regardless of what they are doing, I am going to be at fault because it is my responsibility to be aware enough of my surroundings to be able to stop or swerve quickly if they do something unexpected. If he had struck a police car who pulled over a speeder in the left lane, would the officer be charged as well? Or a car that had stalled?
Mutual negligence.
HE was responsible for the accident, not this lady.
Absolutely! Take the ducks out of the equation and insert "stalled car", the end result would have been the same.......