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Hypothetical legal question regarding a driving scenario
Posted on 6/29/14 at 2:16 pm
Posted on 6/29/14 at 2:16 pm
I'm super bored, sorry :/
Let's say you have car A. It is sitting still stopped at a stop light at an intersection. Car B is absolutely flying up behind them and not paying attention for whatever reason (phone, radio, whatever). Car A is looking in their rearview and can see that driver B does not have their eyes forward. Car B is full on accelerating still. It gets to decision time and Car A realizes they're about to get rammed full speed, so to try to ease the brunt of the collision they decide to give a little gas so they aren't sitting completely still. At this exact moment, 2 things happen. Car B looks up and slams on the brake coming to a screeching halt (not hitting car A), and car C which is entering the intersection ends up hitting car A in teh side due to A entering the intersection.
Let's assume that there are multiple cameras here that capture everything so the lawyers/police/whoever have the full knowledge of the situation. Would 100% of the problems in this situation be on car A? Ultimately, car B did not hit anyone and A willfully entered the intersection on red. But car A does have SOMEwhat of an excuse from a personal safety standpoint. What would happen here from a legal point of view?
Let's say you have car A. It is sitting still stopped at a stop light at an intersection. Car B is absolutely flying up behind them and not paying attention for whatever reason (phone, radio, whatever). Car A is looking in their rearview and can see that driver B does not have their eyes forward. Car B is full on accelerating still. It gets to decision time and Car A realizes they're about to get rammed full speed, so to try to ease the brunt of the collision they decide to give a little gas so they aren't sitting completely still. At this exact moment, 2 things happen. Car B looks up and slams on the brake coming to a screeching halt (not hitting car A), and car C which is entering the intersection ends up hitting car A in teh side due to A entering the intersection.
Let's assume that there are multiple cameras here that capture everything so the lawyers/police/whoever have the full knowledge of the situation. Would 100% of the problems in this situation be on car A? Ultimately, car B did not hit anyone and A willfully entered the intersection on red. But car A does have SOMEwhat of an excuse from a personal safety standpoint. What would happen here from a legal point of view?
11
Posted on 6/29/14 at 2:17 pm to WG_Dawg
I don't know
Posted on 6/29/14 at 2:19 pm to WG_Dawg
Does car A B or C have Morris Bart?
Posted on 6/29/14 at 2:19 pm to WG_Dawg
Depends on a few things:
•Was the cop shooting laser on level ground?
•Did he put the speed in the vin blank on the ticket?
•Do you prefer the original Law & Order or L&O: SVU?
•Was the cop shooting laser on level ground?
•Did he put the speed in the vin blank on the ticket?
•Do you prefer the original Law & Order or L&O: SVU?
Posted on 6/29/14 at 2:20 pm to WG_Dawg
A is 100% at fault
Posted on 6/29/14 at 2:21 pm to WG_Dawg
Car A at fault for subsequent accident.
Posted on 6/29/14 at 2:22 pm to WG_Dawg
Probaably going to be car A's fault for failure to yield and the cops will take the easiest choice, like I just did.
Posted on 6/29/14 at 2:42 pm to WG_Dawg
I do not know what the law is in Louisiana, but up here a jury would have to decide:
Was driver A negligent? While it could be argued that entering the intersection on a red light is a negligent act, A could argue that he was not negligent and was acting as a reasonable person would under the circumstances and, therefore, he is not responsible for the accident with C.
While driver B may be negligent in his driving, he would argue that his negligence is not the proximate cause of the accident between A and C.
It is solely within the province of the jury to decide questions of negligence, contributory negligence and proximate cause up here. C could win or get goose egged.
Was driver A negligent? While it could be argued that entering the intersection on a red light is a negligent act, A could argue that he was not negligent and was acting as a reasonable person would under the circumstances and, therefore, he is not responsible for the accident with C.
While driver B may be negligent in his driving, he would argue that his negligence is not the proximate cause of the accident between A and C.
It is solely within the province of the jury to decide questions of negligence, contributory negligence and proximate cause up here. C could win or get goose egged.
Posted on 6/29/14 at 2:45 pm to WG_Dawg
Car A is at fault. He caused an accident in trying to avoid one.
Posted on 6/29/14 at 2:46 pm to WG_Dawg
quote:most important detail
Car B looks up and slams on the brake coming to a screeching halt (not hitting car A)
If cameras everywhere, would B have hit A if A did not move? I assumed in first reading that B stopped vehicle in enough time to never have hit A
This post was edited on 6/29/14 at 2:48 pm
Posted on 6/29/14 at 3:05 pm to WG_Dawg
Car A is at fault.
If he hadn't of moved, Car B would have either been the at fault driver or stopped in time.
If he hadn't of moved, Car B would have either been the at fault driver or stopped in time.
Posted on 6/29/14 at 3:12 pm to WG_Dawg
Did any of the cars have the family dog with them?
This is important to know, for it affects how the cop will write up the accident report.
This is important to know, for it affects how the cop will write up the accident report.
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