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OfflinePreparationH
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Traffic accident question
    #11345128 - 10/29/09 02:56 PM (7 years, 11 months ago)

I just had a convo with someone about this scenario:

They witnessed a car CAUSE an accident by pulling out in front of another car, the other car swerved and hit a 3rd car while the jackass who caused it does not get hit. 

So, the person who "caused" the accident by pulling out and not seeing the second car coming, can they have any repercussions via insurance or the law?


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InvisibleSwyfty Swyf
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Registered: 02/20/09
Posts: 7,081
Loc: North Alabama
Re: Traffic accident question [Re: PreparationH]
    #11345149 - 10/29/09 03:00 PM (7 years, 11 months ago)

No cause they didn't really cause it.

Sometimes you just gotta hit those fools.


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Offlinedkamp18
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Re: Traffic accident question [Re: PreparationH]
    #11345152 - 10/29/09 03:00 PM (7 years, 11 months ago)

if they actually get brought into court they can certainly get repercussions from the law, and therefore from there insurance.
it's just usually hard to prove a case like that, but given enough witnesses shouldn't be a problem.

since insurance maintains a background and accident history on their customers they will probably just get penalized by paying higher premiums.


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OfflineMedullaOblangata
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Re: Traffic accident question [Re: dkamp18]
    #11345195 - 10/29/09 03:07 PM (7 years, 11 months ago)

Quote:

dkamp18 said:

it's just usually hard to prove a case like that, but given enough witnesses shouldn't be a problem.





This. Since the car that pulled out wasn't paying attention.


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InvisibleSwyfty Swyf
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Re: Traffic accident question [Re: MedullaOblangata]
    #11345225 - 10/29/09 03:11 PM (7 years, 11 months ago)

Someone who isn't involved in a wreck will likely never be blamed for it.

The driver to blame would be the guy who swerved to miss because he couldn't compensate for his speed and brake in time, so he ended up needlessly causing an accident with another vehicle.

However, if the driver elected not to sweve and instead hit the car that pulled out in front of him, the party to blame would be judged by examining where the vehicle that pulled out was struck.

If it was struck on the back bumper, the driver of the vehicle that pulled out would not be at fault.

Someone quote me for truth.


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OfflineMedullaOblangata
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Re: Traffic accident question [Re: Swyfty Swyf]
    #11345239 - 10/29/09 03:13 PM (7 years, 11 months ago)

But it wasn't their turn to pull out.

If someone runs a red light causing another car to swerve to miss it but it hits another car, who's to blame?


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InvisibleSwyfty Swyf
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Re: Traffic accident question [Re: MedullaOblangata]
    #11345261 - 10/29/09 03:16 PM (7 years, 11 months ago)

You're adding other factors into this now.


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Offlinebbl337
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Re: Traffic accident question [Re: Swyfty Swyf]
    #11345279 - 10/29/09 03:18 PM (7 years, 11 months ago)

trust me, they can get a careless driving for that.  I didn't even get close to causing an accident once, i was changing lanes (albeit aggressively) from the right to the middle lane, and the person in the left lane freaked out and crashed (didn't even get CLOSE to them).  I pulled over since I'm a good person to make sure they were okay, cop came everyone in that car blamed me and he gave me a careless driving ticket.  Fuckin gumba.... :crankey:

Anyways, yes, they can get a ticket and be considered a contributing factor in a crash in which case if you can prove it their insurance might bite the bullet


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OfflineMedullaOblangata
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Re: Traffic accident question [Re: Swyfty Swyf]
    #11345286 - 10/29/09 03:19 PM (7 years, 11 months ago)

Lol, what am I adding? I just changed the scenario to make it easier to understand.

The guy pulled out without paying attention, therefor he is at fault.


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Offlinebbl337
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Re: Traffic accident question [Re: MedullaOblangata]
    #11345357 - 10/29/09 03:32 PM (7 years, 11 months ago)

speaking of which, i need to get a friggen air horn for my car... these people BLATANTLY started to merge into my lane after they had seen me and i had no where to go.  Honking my ass off they just flipped me off and kept doing it.  Fuck people :crankey:


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OfflineTrancedShroom
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Re: Traffic accident question [Re: PreparationH]
    #11345440 - 10/29/09 03:46 PM (7 years, 11 months ago)

Quote:

PreparationH said:
I just had a convo with someone about this scenario:

They witnessed a car CAUSE an accident by pulling out in front of another car, the other car swerved and hit a 3rd car while the jackass who caused it does not get hit. 

So, the person who "caused" the accident by pulling out and not seeing the second car coming, can they have any repercussions via insurance or the law?



The sad thing is an officer would write you a ticket saying that you couldn't safely reduce speed to avoid a colission.


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OfflinePreparationH
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Re: Traffic accident question [Re: TrancedShroom]
    #11345568 - 10/29/09 04:06 PM (7 years, 11 months ago)

Quote:

MedullaOblangata said:
Lol, what am I adding? I just changed the scenario to make it easier to understand.

The guy pulled out without paying attention, therefor he is at fault.



Wanna hear a shitty story?  I know a high up cop that told me this tale:

Tractor trailer jack knifed off an exit, speed limit was 25.  When the officer arrived and the truck was put back on the road the cop asked the driver: Were you going the speed limit? "Yes" So you were driving the speed limit then, you werent speeding correct? "Yes"  Here, I want you to write down on my pamphlet you were driving the speed limit and the truck just jack knifed while you were driving the speed limit.  "OK" guy signs the paperwork, the officer impounded the tractor trailer claiming he obviously could not let the man drive off, it jack knifes randomly at the speed limit and is a danger.  Guy got pwned for lying.


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OfflineeTarded
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Re: Traffic accident question [Re: PreparationH]
    #11345890 - 10/29/09 05:01 PM (7 years, 11 months ago)

If your involved in the accident or stick around yah, you could get hit with a ticket, and it's likely the insurance companies of the other drivers will sue you for the damages if they can prove your negligence caused the accident whether you get tickets or not. 

A few years ago this lady tried to bust a left in front of me when there was no way I could have stopped the truck in time.  After I hit her she spun around and hit another car in the left turn lane behind her.  Not hard, only broke that dude's headlight and messed up the bumper a bit.  She didn't even have a license, so got all the tickets and everything. 

6 months later I get a summons for court, because that the insurance company of the guy she bumped is suing me and her for like 3k of bs (rental cars, time spent off work, etc) split between the two of us.  Trial by jury to decide the % at fault for each of us, it was ridiculous for a small claims lawsuit. 

Luckily I was in a work truck when this happened, they provided the lawyer because they wanted to counter sue the girl for a % of the damages to their truck.  In the end she got royally fucked, and I was found to be at 0%.  Worked out well for me, but watch out... if they can, those insurance companies will get you.


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OfflinePreparationH
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Re: Traffic accident question [Re: eTarded]
    #11345909 - 10/29/09 05:05 PM (7 years, 11 months ago)

Quote:

eTarded said:
If your involved in the accident or stick around yah, you could get hit with a ticket, and it's likely the insurance companies of the other drivers will sue you for the damages if they can prove your negligence caused the accident whether you get tickets or not. 

A few years ago this lady tried to bust a left in front of me when there was no way I could have stopped the truck in time.  After I hit her she spun around and hit another car in the left turn lane behind her.  Not hard, only broke that dude's headlight and messed up the bumper a bit.  She didn't even have a license, so got all the tickets and everything. 

6 months later I get a summons for court, because that the insurance company of the guy she bumped is suing me and her for like 3k of bs (rental cars, time spent off work, etc) split between the two of us.  Trial by jury to decide the % at fault for each of us, it was ridiculous for a small claims lawsuit. 

Luckily I was in a work truck when this happened, they provided the lawyer because they wanted to counter sue the girl for a % of the damages to their truck.  In the end she got royally fucked, and I was found to be at 0%.  Worked out well for me, but watch out... if they can, those insurance companies will get you.



interesting thank you.


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Invisibleslackophage
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Registered: 11/16/06
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Re: Traffic accident question [Re: PreparationH]
    #11345953 - 10/29/09 05:13 PM (7 years, 11 months ago)

Scenario that happened to me two years ago (in Washington state, YMMV).

I'm driving down the road in the left lane doing 55mph (speed limit). Some person in the turn lane (Car A) pulls into the left lane doing about 25mph, cutting off two cars (Cars B & C) ahead of me. They both manage to brake in time, but I rear-end Car C. Another person, uninvolved in the incident, saw the whole thing go down and gets Car A (who had no idea what they'd done) to pull over, she also called the cops for us. So Cars A, B, & C pull into a parking lot along with the good samaritan and wait for the cops. The good samaritan tells the cop the whole story, Car A is found at fault, their insurance cover Car C's damage, and I get off the hook. :thumbup:


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