The only thing the driver has going for him, is that the scooter rider was riding a motorized vehicle the wrong way, and driving on the sidewalk. Both of which are no no's nearly everywhere. He also was the one that hit the van first.

Backing up probably wasn't the smartest thing for the driver to do though , that might cause him trouble in court.

That's why riding with traffic and not against it is safer. Although scooter riding isn't exactly the safest thing at any time.

The fault will probably be split between the two in arbitration.