Skip to main content

I'm arguing with my beer buddies and need help. There was a wreck in town today. A member of our club came up behind a car that was preparing to turn left to a side street. The driver from the club did not see him untill almost too late. Rather than rear end the guy, he pulled into the other lane, there was a dotted line making it ok to pass. The first driver turned in front of him and caused the impact that total lossed the car coming from behind.... QUESTION? Whose fault was the accident?
Original Post

Replies sorted oldest to newest

He was making an emergency pass on the LEFT.. It was a dotted yellow.In front of a small mechanic shop. Thank fully no one was coming in the left lane.... I kinda know the guy and you have to measure your options. I say it was a legal pass...But the old man lived down the road to the left....the first may have had his sigale even.preparin to turn left.
I am not certain but pretty much if a car behind you hits you for whatever reason it is there fault. They are supposed to maintain a safe distance and all that. Also if you are passing someone you can't go over the speed limit to pass them. I know it is strange, but it is true. So if you are out in the left lane for any reason, anything that goes wrong is your fault. Because cops want you to go slow no matter what.
I'd say the pass is only legal if its safe to do! Passing stopped cars doesn't sound very safe.

I drive large trucks at work sometimes and I always dread stopping for a pedestrians in a crosswalk, fearing someone will blow around me and hit the pedestrian that has the rightaway.

So thats my excuse for not stopping for pedestians. Smiler
Unfortunately he is in the wrong. Passing is allowed only when safe to do so. It's stated that he passed in order to avoid a rear end accident which also shows unsafe driving (following too close or inattention to driving?)A contributing factor.

It would make him the errant driver in my neck of the woods.

Dennis, "Honolulu Police Department, 24 years and counting down to a 25 year retirement!" Big Grin
quote:
Originally posted by jwr2968:
I am assuming the the club guy swerved right to avoid any accident.The guy behind the club guy hit the first guy,It's the last guys fault.


If there are 2 cars and the 2nd one rear ends some one it is his fault for following too close.

If there are 3 cars and the 2nd car slams on the brakes, car number 3 slams car number 2 and car number 2 slams car number one then the middle guy is the one that is usually cited for creating the situation. If there are 3 cars and the middle guy does not keeps his distance and has to run off the road or out of his lane he will be subject to citation. If the 3rd guy hit's the first guy, then the middle guy could actually be blamed for the accident but that falls under interprtation of judge and lawyer.

Gary
And, one might not be cited doing something in an "Emergency evasive action" but would likely be sited for the situation which created the need for the emergency reaction. NOW, what the officer cite's and what is correct may be 2 different things. You might fight the emergency evasive action and you might get by with it but the question will remain if they can at that time make a judgement against the situation that required that action. My gues would be they are going to say you caused it your ticket. They are not going to take the time to make it 100% correct.

Gary
Post
×
×
×
×
Link copied to your clipboard.
×