by "SaigaShooter - He's got an Impreza" (saigashooter)
Published 11/28/2017 at 14:25
by "SaigaShooter - He's got an Impreza" (saigashooter)
Published 11/28/2017 at 14:25
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STARS: 0
I was almost in this exact accident pulling into a parking space, fortunately the crazy lady was able to stop before hitting my car, but apparently I would have been 50% at fault. Strangely, if they had to pass another car to hit me as I turned left they would then be 100% at fault.
“If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.
If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is passing one or more automobiles stopped behind automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.“
"Manwich - now Keto-Friendly" (manwich)
11/28/2017 at 14:35, STARS: 4
I recall learning in driving school that you should never change lanes in or just before entering an intersection.
This is one example why.
I would also argue that that the driver in car B needs to use more common sense and see that car A is slowing down for a reason. AND they should also see that there is an intersection.
The driver in car B should be able to put 2 and 2 together and see that maybe car A is preparing to turn.
Thus a collision like that can only happen if the driver in car B is being careless/impatient.
"PartyPooper2012" (PartyPooper2012)
11/28/2017 at 14:36, STARS: 1
in your info-graphic, red car appears to be driving in oncoming lane of traffic in order to pass A and make a left.
Of course, it’s debatable if oncoming lanes - since the line separating the two lanes is a single broken white and not a break in a solid double yellow.
The detail is important since vehicle B cannot legally be passing left of double yellow. Passing on the right is also illegal.
So in your case, if B is overtaking, then A is not in a proper lane to make a left turn. 50/50
If A stops to make a legal left turn from a proper lane... and maybe there are cars behind it that are stopped, then B would be completely at fault.
I concur
"Takuro Spirit" (takurospirit)
11/28/2017 at 14:40, STARS: 5
If automobile “A” is a BMW and did not indicate, then automobile “B” is 0% at fault.
"My bird IS the word" (mybirdistheword)
11/28/2017 at 14:42, STARS: 3
This is why turn signals are important
"TheRealBicycleBuck" (therealbicyclebuck)
11/28/2017 at 14:48, STARS: 0
“Of course, it’s debatable if oncoming lanes - since the line separating the two lanes is a single broken white and not a break in a solid double yellow.”
The animation is confusing, but I believe they intend the roadway to be a two-way street. The evidence is the car traveling the other direction at the beginning of the animation.
Assuming this is the case, the only way Car A would be held responsible is if the driver failed to indicate a left turn. Without dashcam evidence from Car B, that would be hard to prove or disprove.
"crowmolly" (crowmolly)
11/28/2017 at 14:57, STARS: 0
Not so sure about that graphic. Vehicle B pulls into oncoming traffic to pass vehicle A.
Even with a dashed white I don’t think that’s OK in driver’s manuals. As an example, Vehicle B would get an improper passing ticket in NJ- a 4 point ticket.
"Smallbear wants a modern Syclone, local Maple Leafs spammer" (smallbear94)
11/28/2017 at 15:08, STARS: 1
My guess is it’s to cover situations where the driver turning left doesn’t signal. Logic says that you pass someone who stops in the active lane without signalling, what are you supposed to do, wait there all day? If it turns out they were turning I find it hard not to blame them for the accident. A friend of mine whacked someone under those exact circumstances. Lady slowed to a crawl and pulled over to the right as if stopping at the side of the road. No signal. Friend moved to pass, and the person who was stopping turned left at that exact moment. I had a more bizarre incident happen to me, too... person was signalling a right turn. As they were clearing the intersection I began to go by and they swung right around with a u-turn. All while signalling a right turn. Gas and gtfo situation because they had no intention of stopping.
All that being said, I’d bet that regardless of those rules, if you could prove that the person in front had not signaled (if you whacked someone) or prove that you HAD signaled (if you got hit) that those guidelines would fall by the wayside.
"Smallbear wants a modern Syclone, local Maple Leafs spammer" (smallbear94)
11/28/2017 at 15:13, STARS: 1
I would also argue that that the driver in car B needs to use more
common sense and see that car A is slowing down for a reason. AND they
should also see that there is an intersection.
In this situation, yes. Signal is on, there’s a road there to make a turn into. I don’t see how any blame can be put on the person turning.
However I had a friend hit someone in a residential street because the person turning did not signal or display any body language that indicated a turn. They simply slowed to a crawl and pulled to the right as if stopping at the side of the road. Seeing as there was no oncoming traffic to wait for there was no indication of them wanting to turn into the driveway across the street... but that’s what they did...
"Smallbear wants a modern Syclone, local Maple Leafs spammer" (smallbear94)
11/28/2017 at 15:16, STARS: 2
If that’s a private driveway instead of a street I agree 100%. If it’s an actual intersection I think logic should tell you they’re turning even without a signal.
However blame the person who didn’t signal in any case because fuck them for not signaling. No signal should be an automatic admission of guilt.
"PartyPooper2012" (PartyPooper2012)
11/28/2017 at 15:29, STARS: 0
Pretending the car A is not going anywhere... disabled car... Would car B have to make a left from behind it... or go around it and turn?
If car B in our example assumed car A was disabled and not going anywhere, would car B have been in the right or wrong making a turn from behind it?
"PartyPooper2012" (PartyPooper2012)
11/28/2017 at 15:34, STARS: 0
Yep. Dashed single white line indicates same lanes of travel... that green car might be suicide driver off meds.
Pretending there were other indications stating opposite lanes of travel unknown to us here, car B still went into opposite lanes of travel prematurely.
"Urambo Tauro" (urambotauro)
11/28/2017 at 16:05, STARS: 0
Agreed. The presence of a signal makes all the difference here.
"TheRealBicycleBuck" (therealbicyclebuck)
11/28/2017 at 16:14, STARS: 0
“Pretending the car A is not going anywhere... disabled car... Would car B have to make a left from behind it... or go around it and turn?”
Given that Car B pulls to the right before impact and it is described as “overtaking” in the scenario description, I don’t believe the intent is for Car B to turn left into the private drive. If Car A is completely disabled, not signaling, and is completely stopped, Car B should stop before passing. In Louisiana, a disabled vehicle is required by law to signal that they are disabled with flashers, cones or flags . It’s also illegal to obstruct the lane of traffic within 50 feet of an intersection. It’s legal to pass a vehicle on the right when it is stopped in the roadway, there is sufficient space, and it is safe to do so. Passing multiple vehicles on the right is not legal here.
So, I would argue that if Car B stopped, then cautiously proceeded around the disabled vehicle either on the left or the right, this would be legal.
The same would hold true if Car B were turning left into the private drive, but Car B should only pass on the left and not the right.
"PartyPooper2012" (PartyPooper2012)
11/29/2017 at 06:01, STARS: 0
This does not answer my question tho. Yes. It may be illegal for car A to be disabled near intersection, but such is life... what does one do in an able car? Make a left turn from behind... or from the front?
"TheRealBicycleBuck" (therealbicyclebuck)
11/29/2017 at 08:12, STARS: 0
It looks to me like Car B is trying to pass, not turn.
No matter what Car B does, the legality of it is questionable. While passing a disabled car on the right might be legal here in Louisiana, it might not be in another state. Passing on the left would be questionable too since it is an intersection of sorts (loosely defined).
So, we have to ask what the safest thing to do would be. If Car A is truly disabled, I think the safest course of action is to pass (or turn) on the left when it is clear. Passing on the right would be less safe since people expect passing on the left and if there are passengers exiting the vehicle, they are more likely to congregate on the non-traffic side.
Legally, there are no clear-cut answers since this situation isn’t specifically covered in statute (in Louisiana).
"PartyPooper2012" (PartyPooper2012)
11/29/2017 at 08:19, STARS: 0
Yeah... if it’s passing...either green car is on suicide watch or car B has a death wish... either way... one of them was bound to be in a crash real soon... and it turned out to be car B.
"TheRealBicycleBuck" (therealbicyclebuck)
11/29/2017 at 08:26, STARS: 0
I’m pretty sure the graphics designer screwed up and forgot that center lines are supposed to be yellow, not white, so I think it’s safe to assume the road is two-way. The green car is just minding his own business (and maybe driving too fast).
O ne of the other replies said Car A was signaling to turn . I took a closer look and I think he’s right. That makes this wreck all Car B’s fault.
I was riding my motorcycle in anger one day and passed a long line of cars stopped in the road. I soon discovered the mail truck at the front of the line was turning left. I squeezed between his back bumper and the next car in line at about 80 mph. Why it took him so long to make the turn, I’ll never know.
That was the day I learned not to ride angry.
"PartyPooper2012" (PartyPooper2012)
11/29/2017 at 08:32, STARS: 0
If we assume the white lines are supposed to be yellow and there is break in the solid yellows to allow for intersection, then car B is attempting to pass on opposite side of the road which is highly illegal and frowned upon by law enforcement. I think that’s one of those first rules at drivers education courses... don’t kill anyone... don’t cross over the yellow lines..and so on with less important rules.
So yeah... car B would be 100% at fault.
"TheRealBicycleBuck" (therealbicyclebuck)
11/29/2017 at 09:18, STARS: 0
Yellow lines in the center of the road indicate a two-way road which is what I believe was intended in the original animation . Dashed yellow lines indicate that using the opposite lane of traffic for passing is legal. A SOLID yellow line indicates that passing is not allowed.
When in a passing zone, it is legal to cross the dashed yellow line to pass as long as there is sufficient room and it is safe.
While there are supposed to be gaps in the center striping to indicate an intersection, I don’t trust the markings. I know of too many places where a named road intersects a two-lane highway and there are no gaps in the centerline to indicate an intersection.
The two screenshots below are from the same rural highway, less than a mile apart . The first is correctly marked with no-passing zones on either side and a gap for the intersection.
The second (below) is very similar to the animation above and is marked to allow passing o n either side of the intersection. Note that, as in the animation, there is no gap in the markings to indicate an intersection. However, I’m sure somebody at the state DOT thinks this is correctly marked and justifies it by calling the intersection road a “private drive”. This particular road is maintained by the parish (same thing as a county) and serves a neighborhood of a hundred homes. By their own definition , this is not a private drive.
I
f there were
accident here where someone was making a legal
pass
and hit a car which
was turning out of the neighborhood
, there would be a solid legal case against the state for not correctly marking the roadway.
"wkiernan" (wkiernan)
12/25/2017 at 18:39, STARS: 0
That’s how my ‘93 Miata got wiped out back in May 2006. But how fast (
i.e.
to what degree vastly in excess of the speed limit) is your car “B”? The drunk guy who nailed me from behind was
flying
.