RE: one less scirocco (or: in the hunt for an '85 black graphicmetallic)

[<jester@westfailure.net>]

On Tue, 18 Dec 2001, BHonnold wrote:

> Get a clue people!
> 
> If YOU hit someone it's your fault whether they run a light/stop sign/pull
> out in front of you or not.
well, sort of.

Basically, my understanding is this, as an amateur studyer of laws, but
not a lawyer...

It is *assumed* if you hit someone that it is your fault usually, UNLESS
there was no way you could have avoided it... That doesnt mean if you are
tailgating someone 2 inches off their bumper and they brake to avoid a
squirrel you arent at fault, because you could have avoided it by not
driving like a complete jerkwad and following at a safe distance.

technically, in many cases & states, tey like to make intersection
collisions 50/50 no matter whose technical fault it was, as there is an
assumption that people will slow down for intersections as they are
dangerous.

Now, say you are going the speed limit on a two lane road, minding your
own business and a car takes a left in front of you with no signal about 2
feet of your bumper, ther is no way to avoid the ensuing collision, thus
not your fault.

Often times teh police will give a ticket to one party in an accident to
help establish fault, it is generally assumed teh person not breaking hte
alw is innocent of wrongdoing... but in the end, the only real way to
determine fault is with a civil suit :(

take care,

Steve

P.S. I kinda like the maritime laws better, each person is assumed to be
equally at fault, no matter what, and they have a hearing to determine the
split of fault.  The laws giving right of way play a part, but the real
deciding factor is if the captain of either boat did EVERYTHING in their
power to avoid the accident. In other words, if captain A was "in the
wrong" by not seeing the other boat and failing to yield the right of way,
captain B can be held more culpable if he saw the other boat wasn't
yielding, and did nothing to avoid the collision. I think people would
drive better knowing that they are responsible to avoid other drivers even
if they are technically in the right.

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             Fashion Twins, activate! form of: a lemming.          
                      http://westfailure.org
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