Who's at fault?
- Thread starter tuc0
- Start date
kaM
The 47 Ronin
90% the camaro and 10% the truck.
The camaro shouldn't have tried to pass him on the slow lane and force him to slow down. He didn't even have the room to get in front of him. Then he went dick mode and tail gated and eventually over took on a bad shoulder.
Truck should have just sped up and go in front of the semi to let the dude pass.
The camaro shouldn't have tried to pass him on the slow lane and force him to slow down. He didn't even have the room to get in front of him. Then he went dick mode and tail gated and eventually over took on a bad shoulder.
Truck should have just sped up and go in front of the semi to let the dude pass.
My legal opinion:
The Camaro is 100% at fault for causing this accident. However, you would have to assume that the pick-up was driving at the posted speed limit and no higher. Also, I can only apply the laws of the State of California, not any other state (this video was in NY).
The Camaro violated the law in two ways: (1) using the shoulder/emergency lane in an attempt to pass; and (2) tailgating. He could also be charged for reckless driving given what he is doing on top of the other violations to the vehicle code. The pick-up, again assuming he was driving the speed limit, would have been deemed driving normally, except the one bit where he used the emergency lane slightly to avoid collision with the Camaro.
At civil law, the Camaro is also at 100% fault because he caused the incident by using the shoulder in attempt to pass and then cut off the pick-up while in that position. Whether or not the pick-up should have let the Camaro pass earlier is a non-issue if the pick-up was driving at the posted speed limit.
No matter how you look at it, from a legal standpoint, based on JUST the video, the Camaro was the absolute actual and proximate cause of the accident.
My personal opinion:
At a certain point, you have to recognize that there is some lunatic behind you trying to pass. If it was me in the pick-up, I would have driven faster to get ahead of that one semi towards the end of the video and let this guy go. As you can see in the video, it just isn't worth it to give some asshole some grief. You are legally allowed to drive beyond the speed limit for a short amount of time if you can show that there was some guy behind you closing in and it was reasonably necessary for you to increase your speed above the speed limit to safely move out of the way.
The Camaro is 100% at fault for causing this accident. However, you would have to assume that the pick-up was driving at the posted speed limit and no higher. Also, I can only apply the laws of the State of California, not any other state (this video was in NY).
The Camaro violated the law in two ways: (1) using the shoulder/emergency lane in an attempt to pass; and (2) tailgating. He could also be charged for reckless driving given what he is doing on top of the other violations to the vehicle code. The pick-up, again assuming he was driving the speed limit, would have been deemed driving normally, except the one bit where he used the emergency lane slightly to avoid collision with the Camaro.
At civil law, the Camaro is also at 100% fault because he caused the incident by using the shoulder in attempt to pass and then cut off the pick-up while in that position. Whether or not the pick-up should have let the Camaro pass earlier is a non-issue if the pick-up was driving at the posted speed limit.
No matter how you look at it, from a legal standpoint, based on JUST the video, the Camaro was the absolute actual and proximate cause of the accident.
My personal opinion:
At a certain point, you have to recognize that there is some lunatic behind you trying to pass. If it was me in the pick-up, I would have driven faster to get ahead of that one semi towards the end of the video and let this guy go. As you can see in the video, it just isn't worth it to give some asshole some grief. You are legally allowed to drive beyond the speed limit for a short amount of time if you can show that there was some guy behind you closing in and it was reasonably necessary for you to increase your speed above the speed limit to safely move out of the way.
Also, here is some follow-up for the story.
Watch: Camaro driver causes big crash while trying to pass on shoulder
Watch: Camaro driver causes big crash while trying to pass on shoulder
Also, there is no such thing as a law that states the left lane is a passing lane. There are laws that state that the drivers should move to the right if they are driving slower than normal traffic.
Left-Lane Passing Laws: A State-By-State Map
The above article has a nice photo, but the author dispenses with bad legal advice. It is never legal to drive above the speed limit, even in the so-called fast lane.
Again, my opinion is that speed limits in this country are generally arbitrary and really make no sense.
Left-Lane Passing Laws: A State-By-State Map
The above article has a nice photo, but the author dispenses with bad legal advice. It is never legal to drive above the speed limit, even in the so-called fast lane.
Again, my opinion is that speed limits in this country are generally arbitrary and really make no sense.
Thank you MIT - State "keep right" laws
California: The duty of slower traffic to keep right applies "notwithstanding the prima facie speed limits."
NY: also a "Slower Traffic Keep Right" state
Also, that cop was kind of an asshole. No one in their right mind is going to drive faster than the speed limit with a cop behind them. And if that lane allowed that driver to drive at the speed limit, why should he or she change?
Generally, cops are allowed to drive as fast as reasonably necessary. However, if the cop is in traffic (as in the video), he needs to use his sirens or his megaphone to get the driver in front of him out of his way for emergency purposes. The driver in front does not know if there is an emergency or not, which is why all cop cars have sirens.
Generally, cops are allowed to drive as fast as reasonably necessary. However, if the cop is in traffic (as in the video), he needs to use his sirens or his megaphone to get the driver in front of him out of his way for emergency purposes. The driver in front does not know if there is an emergency or not, which is why all cop cars have sirens.