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Started By
Message
Who's at fault?
Posted on 4/9/24 at 8:09 pm
Posted on 4/9/24 at 8:09 pm
Driving back from practice this evening I saw a crash occur. Black vehicle pulled onto the highway without their lights on. Dark outside and I only barely saw it. Car behind rear ended it.
ETA: This was about 7:40 p.m. It was dark.
ETA: This was about 7:40 p.m. It was dark.
This post was edited on 4/9/24 at 9:13 pm
16
Posted on 4/9/24 at 8:10 pm to rpg37
I've always heard that if you rear end them and you have headlights you are at fault.
Posted on 4/9/24 at 8:25 pm to rpg37
The Chinaman that peed on the Dude's rug
Posted on 4/9/24 at 8:35 pm to LegendInMyMind
quote:
I've always heard that if you rear end them and you have headlights you are at fault.
so if I pull immediately out in front of you and you have headlights its your fault?
This would be the black vehicle's fault for unsafe merge/pulling out
This post was edited on 4/9/24 at 8:36 pm
Posted on 4/9/24 at 8:40 pm to rpg37
Simmer down there Perry Mason.
This post was edited on 4/9/24 at 8:40 pm
Posted on 4/9/24 at 8:41 pm to rpg37
Assuming it was after sunset?
Posted on 4/9/24 at 8:44 pm to rpg37
In Louisiana, presumption of fault for the rear ending driver. But can be overcome,e.g., by showing the other driver pulled out in front of him without lights. Could also be comparative fault. 50/50 or whatever percentages you like.
Posted on 4/9/24 at 8:46 pm to rpg37
Contributory negligence for the driver with no headlights
Posted on 4/9/24 at 8:46 pm to rpg37
Hopefully the driver that rearend the idiot without their lights on has a dash cam.
Posted on 4/9/24 at 8:47 pm to LRB1967
Someone Get Gordon!!!
Posted on 4/9/24 at 10:14 pm to rpg37
In a comparative fault scheme like Louisiana has had since 1980 (or maybe 1825, see Bell v. Jet Wheel Blast), in all likelihood both drivers would be assessed some fault. I tend to think the greater share of fault, maybe even the large majority, would be placed on the driver who apparently (1) pulled out onto a highway with an oncoming vehicle relatively near and (2) did not have the statutorily-required lights on (see La. Rev. Stat. 32:301). But factors that could well affect the fault percentages include how close was the oncoming vehicle when the other pulled out, and how dark it was in the area (well-lit urban or suburban area with bright streetlights versus dark BFE).
Posted on 4/9/24 at 10:33 pm to rpg37
quote:
It was dark.
Funny how it was practice for you too. Driving from Spring Branch to Katy after dark? On average, there are probably 3-4 cars with no lights on after dark, and at least 5-6 motorcycles doing over 100 that I can barely see (in a 30m drive). Every damn trip.
Didn't have lights on? Bye. Guilty of causing danger to others (obv code has been quoted by others.)
Posted on 4/9/24 at 10:36 pm to rpg37
Careful out there on Bienville Blvd, baw.
Posted on 4/9/24 at 10:50 pm to rpg37
Snowboarder is at fault.
Posted on 4/9/24 at 10:51 pm to rpg37
Black vehicle that pulled out in front.
Posted on 4/10/24 at 3:17 am to rpg37
If the car had no lights on and pulled out in front of the other vehicle without giving them sufficient time to avoid them, it’s the car who pulled out.
Buy a dashcam. It’s always a good idea.
Buy a dashcam. It’s always a good idea.
Posted on 4/10/24 at 7:43 am to LegendInMyMind
quote:
I've always heard that if you rear end them and you have headlights you are at fault.
About 15 years ago I rear ended a disabled vehicle on the 210 bridge in Lake Charles. Was at night. He was in a black vehicle with no emergency flashers or lights on. Came around the curve, couldn't get over, and smoked him at about 35 mph. I got a ticket for it but the judge threw it out because the guy admitted to the cop that he'd stopped because he was out of gas. There are signs before the bridge that state emergency stopping only. The dude drove by a bunch of gas stations to run out on the bridge. It helped that the cop was there and said I did everything possible to try and avoid it.
The dude still got Gordon even though he wasn't in the vehicle and my insurance company settled. Pissed me off.
Posted on 4/10/24 at 7:46 am to rpg37
quote:
Black vehicle
why it gotta be black?
rear ender is pretty much always at fault.
However, there is a subset of drivers who apparently take driving courses teaching them how to cause accidents that aren't their fault so they can get gordon.
Posted on 4/10/24 at 8:25 am to rpg37
Black car should be 50+% at fault but he will end up with a $20k check assuming the other vehicle has liability insurance.
This post was edited on 4/10/24 at 8:26 am
Posted on 4/10/24 at 8:34 am to LegendInMyMind
quote:
I've always heard that if you rear end them and you have headlights you are at fault.
I've always heard that if you rear end them you're guilty period.
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