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Louisiana State driving laws, state troopers, l.e. question

Posted on 11/9/18 at 11:39 am
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:39 am
Driver 1 is driving and slowing to a stop to turn left into a private driveway on a rural hwy(country hwy). Driver 2 , is behind driver 1 and as he comes up behind driver 1, he sees he is just stopped in road, as driver 2 sees this ,he attempts to over take or pass driver 1, at this moment driver 1 decides to turn left forcing driver 2 off the road as he is passing him and wrecks into a light pole and fence....who is at fault? Cite the law if possible...

My understanding is driver 1 is at fault....
This post was edited on 11/9/18 at 2:04 pm
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108728 posts
Posted on 11/9/18 at 11:40 am to
quote:

My understanding is driver 1 is at fault....



Well that makes no sense at all
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58304 posts
Posted on 11/9/18 at 11:41 am to
Sorry someone “forced” your impatient arse off the roadway this morning.
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:41 am to
Inside city limits ur correct but this occurred on a rural hwy
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 11/9/18 at 11:41 am to
Yes driver 1 is at fault. He must yield to oncoming traffic
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:41 am to
Happened to someone 2 weeks ago
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 11/9/18 at 11:42 am to
Did driver 1 have his signal on?
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:42 am to
Do u have a law number for me to read?
Posted by Wayne Campbell
Aurora, IL
Member since Oct 2011
6364 posts
Posted on 11/9/18 at 11:42 am to
quote:

Inside city limits ur correct but this occurred on a rural hwy


Was the left turn legal? Was the left turn signaled? Why would a person passing have the right of way over someone attempting a legal left turn?
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57127 posts
Posted on 11/9/18 at 11:43 am to
Driver 2 tries to pass driver 1 as driver 1 is making a left turn? Drive 2 should have his (or her) license revoked. That accident is clearly his (or her) fault.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58304 posts
Posted on 11/9/18 at 11:43 am to
What state did this occur in? Also, why can’t you google it?
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:43 am to
From what I understand ,it didn't matter if he had signal, he must yield to all traffic, however d1 said he did and driver 2 Said he didnt
Posted by TOSOV
Member since Jan 2016
8922 posts
Posted on 11/9/18 at 11:43 am to
Proof and/or witness to detail it?
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:43 am to
Louisiana
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:44 am to
D1 was sitting in road for 30 second not doing anything, so d2 goes to pass him then d1 starts to turn left....d1 dault
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 11/9/18 at 11:45 am to
My understanding is Driver 2 is autistic.
Posted by Thacian
USA
Member since Aug 2015
2173 posts
Posted on 11/9/18 at 11:45 am to
In accident report d1 admits to this
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108728 posts
Posted on 11/9/18 at 11:46 am to
I found this...

quote:

Universal Citation: LA Rev Stat § 32:75
§75. Limitations on passing on the left

No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.


The "or any vehicle overtaken" part leads me to believe Driver 2 is at fault.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57127 posts
Posted on 11/9/18 at 11:46 am to
LINK

It's in here somewhere, but the driver of the second car in your scenario is clearly at fault.
Posted by cajunTiger22
Baton Rouge
Member since Aug 2008
370 posts
Posted on 11/9/18 at 11:46 am to
As long as the road is dashed it is Driver 1's fault.
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