Liability for an accident...who's at fault?

[waterinthefuel]

Ok please help me here. I'm really confused, and I need some help.

I know you guys aren't judges, but lets say you drove up and this scenario was played out in front of you:

I was on my scooter, and I pulled out in front of a car, and went full throttle, meaning my acceleration had been fairly rapid, up to the posted speed limit of 40mph. A driver of a car behind me had taken his eyes off the road, or for whatever reason didn't see me pull out, and when he noticed me he swerved to miss me, striking another car head on, and killing everybody in both cars.

Would it be my fault he swerved, or his? Can't it be contested that the driver of the car was at fault and wasn't paying attention and thats why he swerved?

Let's say he lived, and he simply says that he swerved to miss me so it's my fault, can't I say he didn't need to and that swerving was his own choice?

How do you see this?

Any input from any cops or insurance adjusters in this forum would be wonderful. And if there is a judge amongst you guys, please speak up!

 

[Haut Medoc]

Re: Insurance liability...

Re: Insurance liability...

You are guilty!....

I pulled out in front of a car,
and I went full throttle
In my opinion, you created a physically dangerous condition......
If you had waited for a more opportune moment, there would have been no need to go 'full throttle'....
More simply put....
If you pulled out in front of someone & your engine had stalled...
Who would be at fault?
The car's manufacturer?
Nope. YOU!
Slowdown, take care , save a life!.....
IMHO........JK
If you blew over the limit, you should be crucified.....:devil:

 

[Plainsman]

Re: Liability for an accident...who's at fault?

If you pulled out in front of a car and it was not safe to, maybe you didn't see him or thought you could make it, your fault if I'm on the jury.

 

[imported_Curmudgeon]

Re: Liability for an accident...who's at fault?

If you had waited for a more opportune moment, there would have been no need to go 'full throttle'.... ]f you pulled out in front of someone & your engine had stalled...

If, if, if! A frog wouldn't bump his butt on the ground if[/u\] he had wings.

There are usually several events that lead up to an accident, and most of 'em aren't criminal. Pulling out with less than ideal spacing to do so? Wouldn't seem so if the cycle was able to get to the posted speed limit before the following vehicle had to take evasive action. A following vehicle having to take evasive action even though the followed vehicle was at the speed limit? I 'd write him for failure to reduce speed to avoid an accident. Evading into the face of on-coming traffic? Not the brightest move, at face value! Sorry Haut, lots of causal factors available here but no liability for the living, other than a conscience.

 

[roscoe]

Re: Liability for an accident...who's at fault?

If you were able to pull out, and get up to speed before he overtook you, you should be in the clear.

The fact that you were able to get up to speed, would indicate that he was speeding when he overtook you.
Now, how you gonna prove it.

If you did not get up to speed before the car caught up to you, you fault.
The only way out of this situation is to lie. Say you were on that road for 4 miles, and the car behind you was speeding. 8)

Now, you are in LA, and they have a completely different justice system down there.

 

[JRJ]

Re: Liability for an accident...who's at fault?

This is exactly why drivers shouldn't swerve for animals or scooters and endanger others to protect poor dumb creatures. I realize animals don't know any better, but pulling in front of people on an underpowered scooter is negligent to say the least. Sounds like a real mess for a lot of people. The lawyers and undertakers will do OK though.

 

[Pony]

Re: Liability for an accident...who's at fault?

This is exactly why drivers shouldn't swerve for animals or scooters and endanger others to protect poor dumb creatures. I realize animals don't know any better, but pulling in front of people on an underpowered scooter is negligent to say the least. Sounds like a real mess for a lot of people. The lawyers and undertakers will do OK though.

Did you really just compare scooter riders to animals? I can see not swerving for a squirrel......but a human? You are outta your mind.

 

[JRJ]

Re: Liability for an accident...who's at fault?

Well Pony, if you swerve to miss a squirrel or a scooter and kill someone near and dear to me, you're right, I'd be outta my mind.

 

[Pony]

Re: Liability for an accident...who's at fault?

So it would be okay to not swerve for the scooter and probably kill the driver? When on the flip side swerving may cause zero harm if no other vehicle is present? I would tend to take the plan of action that at least has a chance of not hurting someone. You'd be outta your mind just like the family of the guy on the scooter.

I hate people who swerve for squirrels and stuff like that, but we are talking about a human life, not just a scooter.

 

[JRJ]

Re: Liability for an accident...who's at fault?

Reread the scenario. A driver went into an opposing lane to avoid a scooter and innocent people died. The scooter rider is whining that he is even partly to blame.
If it comes down to you rear-ending a scooter or crossing into my lane and killing/injuring me or mine, please just take the scooter and leave me alone.

 

[Pony]

Re: Liability for an accident...who's at fault?

JRJ while it is true innocent people died in the scenerio, the scenerio also points to the driver speeding......his hands are not clean of blood either. While I think the scooter is more at fault, the driver must have some blame too, for if he was going the posted speed limit he would not have to swerve to miss a scooter which in the scenerio was able to get up to that speed.

Take you and yours out of situation.....do you still feel the same way? bottom line is in this case you are swerving in attempt to save a human life. you cant always pick and choose which life gets saved, but at least in swerving there is a chance that there is not other wehicle and no one dies (in this scenerio that wasnt the case, but your squirrels and scooters comment is a blanket across all scenerios). By your logic death is a reasonable penalty for a moving traffic violation, since you have clearly pointed to the fact that he isnt innocent and those killed are.

 

[JRJ]

Re: Liability for an accident...who's at fault?

Ok please help me here. I'm really confused, and I need some help.

I know you guys aren't judges, but lets say you drove up and this scenario was played out in front of you:

[colour=]I was on my scooter, and I pulled out in front of a car,[/colour] and went full throttle, meaning my acceleration had been fairly rapid, up to the posted speed limit of 40mph. A driver of a car behind me had taken his eyes off the road, or [colour=]for whatever reason didn't see me pull out, and when he noticed me he swerved to miss me, striking another car head on, and killing everybody in both cars.[/colour]
Would it be my fault he swerved, or his? Can't it be contested that the driver of the car was at fault and wasn't paying attention and thats why he swerved?

[colour=]Let's say he lived, and he simply says that he swerved to miss me so it's my fault, can't I say he didn't need to and that swerving was his own choice?[/colour]
How do you see this?

Any input from any cops or insurance adjusters in this forum would be wonderful. And if there is a judge amongst you guys, please speak up!

Let us know how it comes out, and you have my sympathy.

 

[tommays]

Re: Liability for an accident...who's at fault?

From one point of view i have been hit two times IN THE REAR while rideing legal in the bicycle lane in daylight BUY cars turing right and some how unable to see a 6'1" man with a bright red coat on

And just for fun they were both hit and runs with PI involved

So i dont find many drivers aware of things when driving ?


I find it hard to believe than in a fatal there was not a police crime lab there takeing pictures and measureing things

Unless the guy was on his cell and going way over the limit it really does not look good for you

i am very sorry to here your in this mess :'(

Tommays

 

[RubberFrog]

Re: Liability for an accident...who's at fault?

I floor it when one of those scooters pulls out in front of me.

 

[rmmpe]

Re: Liability for an accident...who's at fault?

Intruding into an oncoming lane is the basic cause if the accident/fatality. Furthermore, it was stated the driver of the car had not been giving his full attention to what was happening.

I'd bet good money the driver of the car causing the accident will be found 100% at fault; "mitigating" circumstances notwithstanding.

One thing's for sure; the Lawyers will have a field-day with this before the fault is finally adjudicated.

 

[rwise]

Re: Liability for an accident...who's at fault?

here if you get into an accident avoiding an accident it is your fault, if you had time to get straight in the road (lane) then it is the fault of the person behind you, not that I agree with these. sounds to me as both were at fault!

 

[rwise]

Re: Liability for an accident...who's at fault?

I floor it when one of those scooters pulls out in front of me.

That's why I carry a 45 magnum d

 

[Haut Medoc]

Re: Liability for an accident...who's at fault?

Furthermore, it was stated the driver of the car had not been giving his full attention to what was happening.

How can anyone say that with any degree of certainy?

If I were the driver , I'd like to think that my reaction would be to stand on the brake pedal.....
So he is partially at fault.....
But they are all dead because of two bad decisions....
Yours to pull out, his to swerve.....
A toxicology test might get you off, if the swerving drtiver was intoxicated.....
Otherwise, you are gonna get some blame....
If you were sober, it will probably just be a traffic ticket.....

 

[Mark42]

Re: Liability for an accident...who's at fault?

If everyone died, what are you worried about? There is no one to accuse you of anything.

If the scooter did not have physical contact with any of the vehicles involved in the accident, then it was not involved and should have kept right on riding.

So what is the real story?

 

[waterinthefuel]

Re: Liability for an accident...who's at fault?

Oh no guys, this is just a scenario. Like a worst case situation. Basically I'm trying to figure out if I really need huge insurance limits on a little scooter that only weighs 229lbs, thus not really able to cause much damage in and of itself.

This is not a real situation. I just wanted to know what you guys ideas were on liability.