by "jkm7680" (jkm7680)
Published 01/19/2017 at 16:53
by "jkm7680" (jkm7680)
Published 01/19/2017 at 16:53
No Tags
STARS: 1
Asking for a friend.
Completely stopped traffic, “Car A” is signalling to go in behind “Car C.” The driver of “Car B” has left a cars length between his car and “Car C.” “Car A” begins to merge between “B” and “C.” The driver of “B” is texting and without looking up pulls forward as “A” is pulling into the gap, rubbing along the side of “Car A.” Who is at fault?
"Tareim - V8 powered" (tareimgaml)
01/19/2017 at 16:56, STARS: 2
it could easily go either way without a witness as car B is most likely going to deny texting and driving forwards without paying attention so could look like car A trying to sneak in a gap
"Supreme Chancellor and Glorious Leader SaveTheIntegras" (jegoingout)
01/19/2017 at 16:57, STARS: 1
B
"Cherry_man1" (Cherry_man1)
01/19/2017 at 16:57, STARS: 0
Depends on the state or country.
"TheHondaBro" (wwaveform)
01/19/2017 at 16:57, STARS: 0
"crowmolly" (crowmolly)
01/19/2017 at 16:57, STARS: 1
If it was sufficient space and not a “squeeze-in”, I’d say car B is at fault as the driver was actually not driving at the time.
"RamblinRover Luxury-Yacht" (ramblininexile)
01/19/2017 at 16:57, STARS: 3
"Milky" (jordanmielke)
01/19/2017 at 16:58, STARS: 0
Legally I’d say car A. Thats if car B doesn’t confess to being on the phone.
"jkm7680" (jkm7680)
01/19/2017 at 16:58, STARS: 0
There was more than sufficient space, car A was already halfway in front of car B with the turn signal on by the time car b started driving forward.
"ttyymmnn" (ttyymmnn)
01/19/2017 at 17:03, STARS: 0
B.
"Thomas Donohue" (tomonomics)
01/19/2017 at 17:03, STARS: 0
If Car A looked at Car B and saw them texting, then Car A should not have pulled in front of the distracted driver.
Where on Car A did the contact occur?
"Boosted2k - I Make Videos and Put Them on YouTube" (boosted-2k)
01/19/2017 at 17:04, STARS: 0
Who is actually at fault and who is legally fault will be two different things.
Driver B is obviously going to claim someone unexpectedly merged into their lane and they are not at fault (albeit you have stated they were not paying attention).
If Driver B while maintaining their lane hit the rear of Driver A then driver B would be at fault.
Since it is the side of a car that “attempted” to merge, driver A will get blamed for “improper lane change”.
"jkm7680" (jkm7680)
01/19/2017 at 17:04, STARS: 0
Rear door
"RallyWrench" (rndlitebmw)
01/19/2017 at 17:05, STARS: 1
Clearly, this is Apple’s fault for not disabling their phones in cars.
By which I mean, B is a moron who only gave the impression of being a courteous motorist because they weren’t paying attention in the first place.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:07, STARS: 1
A
you cant move into a space just because you want to.
"Thomas Donohue" (tomonomics)
01/19/2017 at 17:09, STARS: 0
Car B is probably at fault if it was previously stopped, and Car A had pulled that far into the lane.
But again, if you see someone texting, don’t pull in front of them.
Overall I’d call it a no-fault / racing incident.
"jkm7680" (jkm7680)
01/19/2017 at 17:09, STARS: 0
Turn signals and an open space in stopped traffic.
If you signal and move into an open space, it’s fair game.
"crowmolly" (crowmolly)
01/19/2017 at 17:09, STARS: 0
You said hit in the rear door, right?
"jkm7680" (jkm7680)
01/19/2017 at 17:09, STARS: 0
Yep
"Takuro Spirit" (takurospirit)
01/19/2017 at 17:10, STARS: 1
Car B for not noticing an obstruction in thier lane that they could have avoided.
Also, if it happened where I live, Car A also at fault because even BEING THERE constitutes fault in this dumb state.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:10, STARS: 2
it’s not stopped traffic if B is moving.
"jkm7680" (jkm7680)
01/19/2017 at 17:10, STARS: 0
B was texting and every other car was completely stopped.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:12, STARS: 1
irrelevant if they were texting or not. yes, its not ok.
however, it’s B’s lane, and there was space for B to move into. And you say “every other car was stopped” so you are admitting B wasn’t
It’s clear you want to defend A, your “friend”, but it’s B’s lane, and they have right of way.
If they STARTED moving after A was already in that lane, different story. But that’s not what you are saying.
"crowmolly" (crowmolly)
01/19/2017 at 17:15, STARS: 0
It’s a case-by-case thing, but I’d think a rear door impact is indicative of an almost completed merge.
"jkm7680" (jkm7680)
01/19/2017 at 17:15, STARS: 0
A was 75% in the lane, B hit the door of the car.
I’m asking my cop buddy later today.
"jkm7680" (jkm7680)
01/19/2017 at 17:16, STARS: 0
Yep, it was. Most damage was on the back of the rear door and above the rear wheel well IIRC.
"Stapleface" (patrickgruden)
01/19/2017 at 17:16, STARS: 2
In my opinion B should probably be at fault. I imagine in the eyes of the law though that A is at fault. If there’s a ticket to be given out, it’s probably to A for “failure to maintain lane” or “improper lane change”.
I have become a hyper aware driver over the last few years. I drive as if I’m the only one paying attention on the road. So, as a result I calculate moves way ahead of time and only make a lane change if I know that I can get into said lane without having to have the other car alter their driving path.
Now, back to this instance, there probably was no way to prevent this, other than the driver of Car B not being an asshat. You will have to merge like this. People just need to pay attention.
"crowmolly" (crowmolly)
01/19/2017 at 17:17, STARS: 1
Even better, IMO.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:18, STARS: 1
cool. So based on that B is to blame... HOWEVER, unless B hit the REAR end of the car you are going to have to somehow prove what happened. The default judgement would be that A moved INTO B.
No video of the event, it’s going to be A’s word vs B’s. I’m not convinced A is going to get off blame free here.
"jkm7680" (jkm7680)
01/19/2017 at 17:20, STARS: 0
Coo, thanks.
"jkm7680" (jkm7680)
01/19/2017 at 17:20, STARS: 0
Most damage is on the rear door and by the gas cap area, the merge was nearly complete.
"jkm7680" (jkm7680)
01/19/2017 at 17:21, STARS: 2
Yep, I agree.
I always let people merge if they’re using turn signals unless they cut the line.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:21, STARS: 2
irrelevant. if it’s not on the back of the car, as opposed to even the rear side of the car, the first assumption would be that A decided to move into B.
Going to be very hard to prove that B moved into A.
"jkm7680" (jkm7680)
01/19/2017 at 17:23, STARS: 0
We’ll see once I ask.
Also worth mentioning that the driver of B admitted he wasn’t paying attention and wasn’t looking.
"MonkeePuzzle" (monkeypuzzle)
01/19/2017 at 17:26, STARS: 1
admitted to you...err to A? a verbal statement is easily rescinded once the authorities and money gets involved. There’s every chance B is posting the same sort of question over on VWVortex and getting shady legal advice.
best of luck to you A
"jkm7680" (jkm7680)
01/19/2017 at 17:28, STARS: 0
I’m not A, haha.
But the driver of B didn’t care at all and the driver of A didn’t note any worthwhile damage so there’s no police/insurance involved. Just wondering who would be at fault...
"Phatboyphil" (justphil)
01/19/2017 at 17:36, STARS: 0
Since they scrapped sides I’d think it’s As fault, should’ve noticed B moving in however. If B hit the rear or corner I’d say Bs fault.
"TheHondaBro" (wwaveform)
01/19/2017 at 17:38, STARS: 0
Maybe, but you are “A” human, right?
You are “A”
"Smallbear wants a modern Syclone, local Maple Leafs spammer" (smallbear94)
01/19/2017 at 17:50, STARS: 0
Technically, A. In my opinion, B.
"Urambo Tauro" (urambotauro)
01/19/2017 at 17:53, STARS: 0
Car A never had the right-of-way to make the maneuver in the first place. Signalling is important, but it doesn’t grant him the right-of-way. Also, a space that is only one car-length long is not enough to assume that the other driver is letting you in. Even if the merge is successful, there’s no room and you have instant tailgating. Car A cut car B off here.
But car B’s driver was inattentive, and that doesn’t relieve him of responsibility. Even if texting while driving wasn’t against the law, he shouldn’t have been doing so in a manner that incapacitated his driving ability. And I hate to say it, but at these low speeds, once a car (legally or illegally) entered his lane, he should have been able to react to it.
So I reckon that Driver A is probably at fault for failure to yield and for careless driving, and driver B is at fault for distracted driving and careless driving. If insurance wan’t a thing, I would say that driver A should have to pay for the repair of car B and driver B should have to pay for the repair of car A.
"MyJeepGetsStuckInTheSnow" (myjeepgetsstuckinthesnow)
01/19/2017 at 18:25, STARS: 0
B is only at fault if contact was made to the rear bumper of A in the eyes of the law according to my police buddy. Please respond with your police buddies answer and let’s see if they are the same.
"Brian, The Life of" (familycar)
01/19/2017 at 18:32, STARS: 0
In this situation it depends on who has witnesses on their side.
"jkm7680" (jkm7680)
01/19/2017 at 18:39, STARS: 1
Said in my area B would be at fault. Distracted and failed to notice an obstruction in his lane.
"McMike" (mcmike)
01/19/2017 at 18:50, STARS: 1
It depends how much space is behind car B
So often I find someone trying to cram into a small space only to have 100+ feet behind the car they are trying to squeeze in front of.
People forget they can also merge with the left pedal, too.
"BigBlock440" (440-4bbl)
01/19/2017 at 22:19, STARS: 0
and only make a lane change if I know that I can get into said lane without having to have the other car alter their driving path.
(though I already know the answer) Isn’t that how everybody does it? It’s how everybody
should
do it...
"Stapleface" (patrickgruden)
01/19/2017 at 23:36, STARS: 1
It SHOULD be. But in reality I see it happen maybe 30% of the time.
"John Dyste" (johndyste)
01/20/2017 at 11:19, STARS: 0
Texting is like being drunk. Automatically their fault.
My opinion, not sure if it hold up in court.
"Bob" (rjjablo)
01/20/2017 at 13:36, STARS: 0
Just had something similar happen to my BMW Wagon. We were on a straight stretch of a bridge I was Car B and was completely stopped, foot on brake sitting about three feet behind Car C. Car A hit me just in front of the left rear wheel and up thru my two doors. It was dry and minus 15 that day and they guy who hit me was driving an X5 and stated “I slid and could not stop” I still have no idea how he achieved what he did.