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Old 08-06-2008, 01:32 PM   #1 (permalink)
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Who's at fault?

Just got back from my lunch break (Panera bread = the shiz)

i was almost in two accidents, one on the way there, one on the way back.

the 1st one pisses me off the most. The place I work at is on a busy street, I have to take a left out of there to get most places. So im sitting waiting, ICE off, waiting for a hole so that I can start the car and take my left. There's one car coming from the right, but he's far enough away that I should have plenty of room to get in.

Something i misjudged, his speed. The limit on this road is 35mph, he was probably going around 55-60mph (Ford excursion too btw). As I pull into my lane i see him barreling down on me, i'm probly doing about 25 at this point. I had to step on the gas and accelerate to 45mph quickly while he slammed on his brakes, screeched his tires and proceeded to tailgate me. (i slowed back down to the limit. Flips me off on the first opportunity he has to pass me (in the center turn lane mind you)

My question is... if he had hit, and subsequently destroyed my car who's fault is that. my first guess is his, but i pulled out in front of him

Second encounter, this time with a woman on her cell phone, also in an excursion (something about this truck today). This definitely would have been her fault

On the way back the road narrows from 2 lanes to 1 normally everyone follows a zipper pattern and there isn't too much bad congestion (its right after a redlight so nobody's going real fast) Its my turn to merge when all of a sudden the ***** behind me tries to squeeze around me at the last second (there is only 1 very narrow lane at this point) she almost forces me off the road, i didn't give in and let her pass, i stayed my ground untill she had to pull in behind me because there were cars coming at her. I got flipped off again as I turned into work.


i hate people

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Old 08-06-2008, 01:44 PM   #2 (permalink)
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I have the most touble with inconsiderate people in large suv's, trucks, and minivans. I drive a civic and a scooter and they think for some reason neither belongs on the road. They try to pass in the same lane, try to take the right of way at all 4 way stops(if they even stop), and pull out a car length in front of me when i'm doing 40mph. I don't understand it, i think it's because they have what they call a "sense of security" in thier big vehicle, but it really is just a sense on inconsideration and d*#chebagness. No offense to the people in big vehicles who drive in a humane manner i have no problem with you. But the people who have to dominate everyone else on the road because their vehicle is big are the people who piss me off. And btw i think both of those would be thier fault especiually if they could prove speed in the first one. Sorry if i thread jacked lol.
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Old 08-06-2008, 01:50 PM   #3 (permalink)
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Scanguage records trip top speed. If he'd hit me I'd have that datalogged
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Old 08-06-2008, 01:58 PM   #4 (permalink)
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From what Ive understood:

#1 would be your fault if they broadsided you, but their fault if they rearended you. They say that by the time someone gets out far enough to straighten out, its enough time for the other one to have seen it coming and slow down or stop. I know, it doesnt always work that way.

There was one exception I know of around here (Traverse City), some guy was going over 70 in a 45 zone in his SUV, around a corner, and broadsided a car of kids pulling out of the mall. Dont remember if he killed them or hurt them real bad, but authorities came back and gave him a short jail sentence, after pulling the black box in his SUV and getting the info.

There was this time too that my mom was in a similar situation, she got broadsided by a kid going WAY over the 35 mph limit while she was turning left. His small car spun her extended cab pickup right around, he hit her that hard. Ended up her fault, probably since she didnt get hurt much at all.

#2 would have been your fault since you had to be the one to merge. Thats one thing that ticks me off sometimes too, a lot of the damn tourists gun it and try to block you as you try to merge back in from a passing lane. Whats worse is that Michigan signs always read "lane ends, merge left". So the speeders in the passing lane get the right of way, and its up to the law abiding people in the right lane to find a way to get into their lane. Its a passing lane that comes and goes, so why isnt it the passing lane that ends?

At least nothing really happened.
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Old 08-06-2008, 02:03 PM   #5 (permalink)
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i was in an accident several years ago.
I was at a stop sign going to cross a quiet neighborhood street.
car was approaching was a good block away ( no stop sign thier way)
I pull out and cross the street - she hits me - she was WAY over 35 MPH.

I got the ticket - as i had the stop sign regardless of how fast she was going.
I had the insurance agent with me and we looked for the skid marks to "PROVE" she was speeding and have the insurance companies "Settle" on some partial responsability - but there were to many marks there to show which were from this incident.

I would suspect - had the accident occured - you would have been at fault as you pulled out when it was not safe. ( But in Civil court - you could have probably won - "Big Mean SUV guy speeds over little car guy")

Depends on the state rules and / or No fault insurance items.

just my $0.03 ( 2 cents adjusted for inflation)
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Old 08-06-2008, 02:19 PM   #6 (permalink)
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Fault is a funny word... quite often the d1ckhead that causes the incident due to illegal action or blind foolishness is protected by the "rules of fault". Yeah, pulling out in front of a speeder and getting smoked is probably legally your fault. Speeding so fast and not seeing or caring about a car that is turning in front of you and slamming your brakes at the last second makes you a d1ckhead, but probably not legally liable for the collision.

I wish I had the power to certify people as d1ckheads so that all future accidents are simply their fault.

I won't say that most people that drive big vehicles drive like neanderthals, but most neanderthals definately drive big vehicles.
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Old 08-06-2008, 02:23 PM   #7 (permalink)
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His speeding would shift some of the blame back to him. But this sounds like a case for Judge Judy...
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Old 08-06-2008, 03:45 PM   #8 (permalink)
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I learned to drive in Austria where the first law of the Strassenverkehrsordnung ("Rules of the Road") is:

Quote:
Jeder Straßenbenützer darf vertrauen, daß andere Personen die für die Benützung der Straße maßgeblichen Rechtsvorschriften befolgen, außer er müßte annehmen, daß es sich um Kinder, Sehbehinderte mit weißem Stock oder gelber Armbinde, offensichtlich Körperbehinderte oder Gebrechliche oder um Personen handelt, aus deren augenfälligem Gehaben geschlossen werden muß, daß sie unfähig sind, die Gefahren des Straßenverkehrs einzusehen oder sich dieser Einsicht gemäß zu verhalten.
OK, OK, in English:

Every person using the roads may trust that other people using the road will follow the rules of the road. Except: Children, blind people with a white walking stick, obviously disabled or frail people, or people that through their behavior seem to not be able to follow the rules.

I was taught to have to trust other people's driving - which here in the US is quite impossible. To make this reality fit in with my learned (Austrian) law, I simple assume that anybody that does not follow the laws of traffic, they must be one of the above exceptions. Even when they seem healthy, it sometimes seems as if an inconsiderate truck/SUV/minivan/Acura CL 3.2 driver is either: a child or, blind, or obviously disabled/frail, or all of the above. (Note the absence of the adjective to frailty - could be physical or psychological. )

Makes the drives through Seattle and Portland so much more understandable... (and saves my sanity).

(Quick note: The most valuable lesson I learned while learning to drive was this: If everybody makes no mistakes when driving (no speeding, proper signaling, etc.) then accidents are impossible! Think about it.)
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Old 08-06-2008, 04:01 PM   #9 (permalink)
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i wouldn't say impossible, there's always mechanical failure.

then again, in a properly maintained vehicle that shouldn't be an issue

I really want to drive in Austria now
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Old 08-06-2008, 04:43 PM   #10 (permalink)
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That is an incredible law. When I was learning to drive here I was told to expect that all drivers approaching crossroad reds WILL drive through, all drivers that are in a position to sideswipe me WILL do so and all drivers behind me WILL NOT see my brake lights in an emergency; act accordingly. So I keep a keen eye on crossroads, get the hell out of blind spots and my foot does not move off the gas pedal without my eyes going to the rearview.

It would be nice to drive in a place where the majority takes pride in their ability to not smash their cars all over the road, rather than a place where everyone believes that the "other guy" is always at fault.

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