Negligent Behavior - If it's an accident will it still be considered negligent?

There is a recent news item that illustrates the concept of negligence. The driver of a Chrysler van is backing up. At 80 years of age he’s considered elderly. At the same time he’s backing up a 64 year old woman is crossing the street and walks directly behind the van. The van driver has the transmission in reverse and by mistake steps on the gas pedal rather than the brake.

Okay so one is left to ask if this is an accident then is it still negligence. First of all the driver is elderly so we feel bad for him. Also it was simply a mistake in stepping on the gas instead of the brake. Of course the woman he ran over isn’t feeling any compassion for this driver, no matter if he’s 18 or 80 and the fact he stepped in the wrong pedal says nothing for his having knowledge she’s right behind him.

So is it negligence?

And if so why is it negligent?

Clearly if he’s negligent then it’s a proximate cause of her injuries. And we can safely assume she has damages. So answer those questions and tomorrow we can see how well you did.