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re: A-hole driver charged with aggravated assault (UPDATE) (double line enforcer)

Posted on 10/20/15 at 9:00 am to
Posted by LSUsmartass
Scompton
Member since Sep 2004
82376 posts
Posted on 10/20/15 at 9:00 am to
I have a question, that sort of indirectly involves this case...let's assume that the car was driving slower, and he was in fact attempting to make a left turn, would he be in the wrong for clipping the bike? I get that the bike had illegally passed in a no passing zone...but, he still gained possession of the lane first, and in Louisiana, if you're making a left turn and cause a collision with a vehicle passing to the left you are the guilty party, if it's deemed that the passing vehicle has possession of the lane first.
Posted by mkibod1
South of the Donna Dixon Line
Member since Jan 2011
4744 posts
Posted on 10/20/15 at 9:11 am to
quote:

I have a question, that sort of indirectly involves this case...let's assume that the car was driving slower, and he was in fact attempting to make a left turn, would he be in the wrong for clipping the bike? I get that the bike had illegally passed in a no passing zone...but, he still gained possession of the lane first, and in Louisiana, if you're making a left turn and cause a collision with a vehicle passing to the left you are the guilty party, if it's deemed that the passing vehicle has possession of the lane first.



Is that really the law in LA? If so, wow. Really dumb. I mean I understand its concept, but can you really see behind you fully while mostly worrying about oncoming traffic first and foremost? If some idiot on a bike, like in the video, did that, I do not understand how it would be the driver taking the left turns fault at all.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16498 posts
Posted on 10/20/15 at 9:20 am to
quote:

and in Louisiana, if you're making a left turn and cause a collision with a vehicle passing to the left you are the guilty party, if it's deemed that the passing vehicle has possession of the lane first.


That is only the case where passing is legal, which is not the situation here.


Also, glad the old man got charged. It was clear he intentionally swerved to block or hit the biker.
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