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Started By
Message
1
Posted on 11/9/18 at 11:47 am to Thacian
If not in a no passing zone driver 1 likely at fault. I could see where it’s possivle that circumstances may lead to varying degrees of fault.
Fault isn’t necessarily a zero sum game as both parties could contribute. I’d say depends on the situation.
Fault isn’t necessarily a zero sum game as both parties could contribute. I’d say depends on the situation.
Posted on 11/9/18 at 11:49 am to cajunTiger22
quote:
As long as the road is dashed it is Driver 1's fault.
How do you come to this conclusion?
Posted on 11/9/18 at 11:50 am to cajunTiger22
The reason I have a concern with this...is same thing happened to me years ago and the trooper said d1 was at fault, I was d2 in my scenio....d1 was given a ticket for failure to yield to all traffic....in this "current" situation d1 wasn't given a ticket....deputy said insurance companies will figure out...
Posted on 11/9/18 at 11:51 am to Thacian
quote:
it didn't matter if he had signal,
It may not matter in the legal sense but it certainly goes a long way toward determining how big of a dumbass driver 2 is.
It would be idiotic to pass to the left of a car signalling a left turn.
Posted on 11/9/18 at 11:52 am to Thacian
quote:
who is at fault?
Driver 2
quote:
Cite the law if possible...
Don't drive like a moron
Posted on 11/9/18 at 11:52 am to Thacian
quote:
D1 was sitting in road for 30 second not doing anything,
This seems like a very important detail that you left out of the original question.
Posted on 11/9/18 at 11:52 am to Wayne Campbell
D2 said d1 had no signal on...or he wouldn't of passed d1...
Posted on 11/9/18 at 11:53 am to Thacian
Driver 1, Driver 2 had possession of that lane first...I know someone who was in the very exact situation and they were driver 1
Posted on 11/9/18 at 11:54 am to Thacian
Louisiana Law Review has a paper on this very subject.
Turn left at your own peril. In a left turn, it is your responsibility to make sure you can complete the turn safely. You incur the presumption of fault in a collision and will have to convince the court otherwise.
Liability in left turn collisions
Turn left at your own peril. In a left turn, it is your responsibility to make sure you can complete the turn safely. You incur the presumption of fault in a collision and will have to convince the court otherwise.
Liability in left turn collisions
This post was edited on 11/9/18 at 11:58 am
Posted on 11/9/18 at 11:54 am to LSUsmartass
I'm not following u, how does d2 have possession first when d1 was in front of d2
Posted on 11/9/18 at 11:55 am to Thacian
Possession of left/oncoming lane
Posted on 11/9/18 at 11:56 am to Thacian
quote:
My understanding is driver 1 is at fault....
I don't see the logic to your "understanding".
quote:
Yes driver 1 is at fault. He must yield to oncoming traffic
Traffic was not "oncoming" it was passing from behind.
quote:
D1 was sitting in road for 30 second not doing anything,
Really? D1 was sitting for 30 seconds? You know how long 30 seconds is? You know how far back behind D1 that D2 would have been approaching from to have been able to observe him sitting for 30 seconds?
Oh, and....
quote:
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
You might wanna clear up those conflicting details before you talk to the judge.
Regardless, #2 is in the wrong. Just basic common sense says you don't pass thru an intersection.
Posted on 11/9/18 at 11:56 am to LSUsmartass
Got ya....
Posted on 11/9/18 at 11:57 am to Thacian
Posted on 11/9/18 at 11:58 am to Boudreaux35
quote:
Traffic was not "oncoming" it was passing from behind.
Doesn't matter, oncoming or not driver 2 had possession of the lane first
Posted on 11/9/18 at 11:58 am to Thacian
OP:
Posted on 11/9/18 at 11:58 am to Thacian
quote:
Driver 1 is driving and slowing to a stop to turn left into a private driveway on a rural hwy(country hwy).
This person is supposed to put on their left turn signal and pull over to the right to allow any cars behind him to go through before pulling into the private driveway.
They were at fault for sitting in the road instead of pulling over.
Driver 2 probably has some fault as well.
Posted on 11/9/18 at 11:59 am to Thacian
They both share responsibility here. You can argue the percentages.
Person making left turn is likely majority at fault.
Also, need point of impact to better understand how the impact occurred.
Person making left turn is likely majority at fault.
Also, need point of impact to better understand how the impact occurred.
Posted on 11/9/18 at 11:59 am to LSUsmartass
What if it is a non-passing zone though?
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