Okc law question

[ExtremistPullup]

Actually, the instruction (which appears to be from the driver's license book) does look to be relevant. It says to back into the lane closest to you for the direction you'll be going. The picture shows what appears to be a four-lane road. The silver car backed through the closest lane and into the further lane.

Whether the DL manual constitutes binding authority is another matter, but at the least, I'd think it persuasive in assigning relative fault.

http://www.dps.state.ok.us/dls/pub/ODM.pdf
Oklahoma Drivers Manual
page 58.
“Back Slowly into the lane closes to you for the direction you will be going. Don’t back any further than you have to.”

Could it fall under changing lanes
Okc manicipal code
§ 32-191. - Changing lanes.

(a)
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, in addition to all other rules consistent herewith a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and has signaled for a change of course.

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[ExtremistPullup]

If the insurance company places most of the blame on us, what recourse do we have.

 

[Danny Tanner]

A similar thing happened with me a few years ago and I'll try my best to explain it without pictures.

I was in a parking lot waiting to pull out and take a left on a 4-lane road (2 lanes in each direction, duh). There was a driver on the opposite side of the road waiting to go the same direction. We both pull onto the road at the same time (actually, she pulled out after I did, we just happened to meet at the same time (irrelevant to the story, though)) and she tries pulling out into the inside lane, which was the lane I was going for. I hit my brakes, swerve out a little, and honk at her. She does the same, honks and pulls back into the outside lane. Somewhere, a Midwest City officer or OCSO deputy saw this and pulled us both over.

He explained that neither one of us were in the wrong for pulling out at the same time, as there are 2 cars and 2 lanes, but she was in the wrong as she skipped the outside lane to turn into the inside lane in which I had the right of way. If we would have collided, he would have written the ticket to her.

I know it's a bit different situation than yours, and I cannot provide any written law backing up the officer's claim, but if true then hopefully it provides some guidance on your situation. If this person and your wife backed out at the same time (which is what I picked up from your image), and your wife driving the Mazda 3 and the other person the SUV, then your wife had the right of way in the outside lane and the other person had the inside lane. Whichever lane the collision happened in is at the fault of the other person.

Take this with a grain of salt, though, as I'm not a lawyer, a Driver's Ed instructor, or a law enforcement officer. Not to sound like a Holiday Inn Express commercial, but I did work at a pre-paid legal firm dealing with traffic violations for over a year, but I don't recall ever dealing with this situation as most of my dealings were highway violations.