PDA

View Full Version : Traffic Question


usedto
05-21-2011, 10:03 AM
Here's something that ALMOST happened to me, and I'm curious how an LEO would handle it.

I had finished filming my son's HS football game on a Friday night, and headed home. I came to an intersection in preparation to make a right hand turn. The light was red, so I stopped. It is legal at this intersection to turn right on red. The speed limit for the street I was turning on to is 35mph. I looked to my left, and saw various headlights approaching (2 lanes each direction with center turn lane), the nearest vehicles at least half a block (long block - 1/4 mile or so) away - more than enough time to safely make the turn. I proceeded.

What I didn't know was the two cars approaching were a couple of punks in rice rockets racing - doing between 80-100MPH on a BUSY street. I was accelerating pretty quickly, but when I looked in my mirror, the headlights were approaching very fast. I almost don't think the driver was watching, because he didn't appear to lift. All of a sudden, he spotted me and swerved. He crossed both lanes, the center divide, and into one of the oncoming before he got control of his vehicle and pulled it back. After that, he and his buddy turned at the next intersection and continued to race.

My question is: Had he hit me in the rear, who would be at fault?

I've already had one opinion, but I'd like to hear other perspectives.

FYI - I doubt the front of his POS car would have survived the pintle hook/ball receiver trailer hitch on my '97 Chevy 4WD pickup. My neck might not have fared too well, though.

Escalado
05-21-2011, 10:28 AM
Yor turning action would probably be found as the primary factor with his speed as a associated factor. Look at it this way. Which factor if removed would not have caused the accident? Regardless of his speed, you making the turn in front of him was the primary factor. If he was traveling at 50 mph, you miss judging his speed ends with the same result. Now if there were some independent witnesses that could cooberate your statement about the street racing, thatvwould help your case. It woule be easy to determine his approx. Speed from the collision though.

Its all in the math. 100 MPH is approx. 150ft per/sec. So if he was a1/8 mile away it would take approx. 4 seconds to reach your destination. This isn't taking in account that you were travling away from him making he time/distance greater. Subtract 1.5 for the average reaction time and you are down to 2.5 seconds for braking which = YOU ARE A LUCKY MAN. You truck would have done little for you at 100mph. He would of fatal`d garuanteed. Then litigation...

yzernie
05-21-2011, 11:10 AM
Generally speaking, if someone is traveling at 25+MPH over the speed limit they have voided their expectation of right of way. What that means is other drivers have a reasonable expectation to believe the other vehicles on the road are traveling at a reasonable speed.

If the speed limit on the road you turned onto is 35mph and you see the head lights 1/4 mile away and let's just say that rice racer was traveling at twice the speed limit at 70mph, he has givien up his expectation of having the right of way to that lane.

Spanky8601
05-21-2011, 1:45 PM
Generally speaking, if someone is traveling at 25+MPH over the speed limit they have voided their expectation of right of way. What that means is other drivers have a reasonable expectation to believe the other vehicles on the road are traveling at a reasonable speed.

If the speed limit on the road you turned onto is 35mph and you see the head lights 1/4 mile away and let's just say that rice racer was traveling at twice the speed limit at 70mph, he has givien up his expectation of having the right of way to that lane.

Ernie pretty much hit the nail on the head. Especially, if the turn was completed and you were some distance from the intersection. Right of way switches with too much speed by the other party.

But, understand the other driver will lie and try and try to say he was going the speed limit. :cool2:

Roddd
05-21-2011, 4:06 PM
I woulda put the rice rocket as P1...his high rate of speed negated his expectation of having the right of way. Atleast from the facts provided.