Was reading the post on the tractor dump truck on. Here is my questions understanding state laws vary. If a car backs out into oncoming traffic who is at fault??? Used to be illegal to back out. 2. Car passes you cuts in or hits you who is to blame??? 3. 2 lane road traffic in right lane (slow lane) is merging and hits you????
- Thread starter JOCCO
- Start date
showcrop
Well-known Member
Here in the Northeast whoever has the highest rate of acceleration has the right of way, so the other driver is at fault. Except in backing onto a road, then the driver backing out is at fault, unless he can get it started going down the road before impact then the first rule applies.
Billy Shafer
Well-known Member
The last time I saw that happen in Texas. The one backing out got the ticket.
Stephen Newell
Well-known Member
The way I've always understood it, a person backing out into the road has the responsibility to make sure there is no oncomming traffic so they would be at fault. 2. The car passing would be at fault. 3. If there is a sign which says one lane ends merge into the other then the person in the lane that ends is responsible to make sure they don't hit someone in the lane they are merging into. If there is no sign then both have an equal responsibility.
The ANSWER DEPENDS on the states traffic laws and the facts as found and the Courts application of the fact to the applicable law:
That being said, some of the things that come to mind if a car backs out onto thE street are:
Failure to yield right of way
However, defenses to such may be things such as
Last Clear Chance Doctrine (In laymens terms that means even if the backer was guilty of yielding, the street driver does NOT have the right to plow into him, but has a duty to safely and reasonably take steps to avoid an accident, such as say stopping)
Contributory Negligence
Comparative fault doctrine (if state has such)
Okay if theres a dispute (He says light was red she says it was green) the FACT FINDER (jury or judge in a bench trial) finds the facts then the Judge applies the states law to the facts as found.
John T BSEE,JD Country Lawyer
That being said, some of the things that come to mind if a car backs out onto thE street are:
Failure to yield right of way
However, defenses to such may be things such as
Last Clear Chance Doctrine (In laymens terms that means even if the backer was guilty of yielding, the street driver does NOT have the right to plow into him, but has a duty to safely and reasonably take steps to avoid an accident, such as say stopping)
Contributory Negligence
Comparative fault doctrine (if state has such)
Okay if theres a dispute (He says light was red she says it was green) the FACT FINDER (jury or judge in a bench trial) finds the facts then the Judge applies the states law to the facts as found.
John T BSEE,JD Country Lawyer
I was riding with another state employee on a way to an equipment meeting when a car passed in a "NO Passing Zone" and nearly clipped our front bumper - and he had two small kids in the car with him.
It just so happens that the other guy was also a Special Deputy with the Sheriff's Dept. He got the state radio patched to the highway patrol; by the time we got 10 miles down the road the patrol officer had the car stopped on a speeding charge. He was also charged with child endangerment because of the kids in the car with him.
It just so happens that the other guy was also a Special Deputy with the Sheriff's Dept. He got the state radio patched to the highway patrol; by the time we got 10 miles down the road the patrol officer had the car stopped on a speeding charge. He was also charged with child endangerment because of the kids in the car with him.
Lou from Wi.
Well-known Member
JOCCO' the scenario you described makes em all guilty. !st. Backing out of a driveway, and striking another vehicle is the backers fault. Inattentive driving. First rule of backing is DON"T.
Thew rest of your scenario falls under inattentive driving and having control over the vehicle.
I have hears it said that if a person who was struck, 1/2 the responsibility is theirs. Shouldn't have been there in the first place.
OH By the way I just renewed my license at 78 years of age, No speeding tickets no chargeable accidents ever. Drove School bus for a number of ears after retirement. JMHO. LOU
Thew rest of your scenario falls under inattentive driving and having control over the vehicle.
I have hears it said that if a person who was struck, 1/2 the responsibility is theirs. Shouldn't have been there in the first place.
OH By the way I just renewed my license at 78 years of age, No speeding tickets no chargeable accidents ever. Drove School bus for a number of ears after retirement. JMHO. LOU
Brian Jasper co. Ia
Well-known Member
In Iowa, if you are backing, and you cause an accident, you're at fault. If you make a pass and you hit the front of the car you're passing, you're going to get a ticket, failure to maintain safe assured clear distance.
If you're merging into traffic, and you either cause the traffic to brake to keep from hitting you, or you do get hit, you'll get a ticket for failure to yield the right of way. Merging traffic does NOT have the right of way unless posted.
If you're merging into traffic, and you either cause the traffic to brake to keep from hitting you, or you do get hit, you'll get a ticket for failure to yield the right of way. Merging traffic does NOT have the right of way unless posted.
Anonymous-0
Well-known Member
Actually the GF was just telling of a woman she works with getting a ticket for not allowing someone to merge onto the freeway. I think it's a good law. So many times you see some fool speed up just so you can't get in front of them when you come onto a freeway.
showcrop
Well-known Member
I have observed this many times. It appears that a lot of drivers have the impression that everyone in the primary lane goes before anyone in the lane that is ending can go. In other words that they do not have to allow space for anyone whose lane has a yield sign in it.
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