? for CHP members

[ls2monaro]

I don't work for chp but I did traffic investigations for a number of years and testified in criminal and civil cases pertaining to them.

One of the best things my department ever did is stop responding to non injury traffic collisions and tell people to exchange information and contact their insurance company.

If I witnessed a collision i wouldn't
mind getting involved but I got sick and tired of getting dragged into he said she said situations like your incident.

The officer might have an opinion who is at fault but remember its just an opinion and if there is a dispute have the insurance companies argue with their experts and lawyers in court.

There is a reason 99% of the time a jury will never see a police report.

Based on what you told me, if you change lanes and get into a collision, I could see how you got placed at fault. I didn't see the scene, damage, or hear other statements so it's not an accurate opinion whatsoever.

[SVT-40]

What was listed as the "PCF" on your report. "PCF" is the Primary Collision Factor".

Usually the PCF refers to what movement on the roadway caused the collision. It will be listed as a Vehicle Code section and applies to Party 1 (P-1)

In the report there may also be listed "other associated factors" which could apply to Party -2 (P-2).

So basically if the Officer believes you were 51% responsible for the accident you will be P-1. He could list P-2 as also being partially responsible in the "other associated factors" box. on the CHP report form. (CHP555)

Here is a pretty good link which explains in more detail about PCF as well as the OAF boxes.

https://www.torklaw.com/legal-info/how-to-read-a-traffic-collision-report/

[PaperTarget]

Let's start with a couple things. 1st of all your Subaru will let you change lanes even if it believes a car's there. Saying that it won't is just factually incorrect. It promps you with a light, audible warning and a slight direction correction but to say it prohibits you from changing lanes is false. It would be insane for a vehicle manufacturer to stop you from changing lanes if an emergency occurred. Teslas drive themselves and you can overide the self drive with a steering input and have a collision. Your statement would.basically be saying the Subarus are incapable of unsafe lane changes...which is false.

What the Subaru wont do is alert you if you make a lane change as a vehicle is "approaching" your rear from lets say 1 or 2 carlengths back (20ft). It will alert of the vehicle is "at" your rear. If this occured you would be at fault and your Subaru "never alerted you".

Secondly REGARDLESS of what you think you saw, felt, heard what your Subaru told you etc etc. If that other driver said they were travelling in the #3 prior to your lane change from the #4 then you are at fault...period. The only thing that could save you was if you could prove they were travelling at a speed so great that they forfeited their "right of way" due to their excessive speed. If they are claiming they were established in that lane prior to your movement then it is your repsonsibility make the lane change safely. Could they accomplish this by outright lieing?? Yes.

Read the report im sure she is listed as "P-2" i would bet 1 billion dollars she stated she was travelling in the #3 prior to your movement....

Thirdly the lane they ended up in following the collision has little to do with what occured. When your travelling at 110ft/per second cars do weird things. If i was in the #3 and you lane changed me i could easily collide with you and end up in any lane depending on my actions "after" the collision.

Lastly "side swipe" damage provides little info on who was doing what prior to a collision. Im going to guess her damage starts on the passenger side front till about 3/4 down the vehicle and yours starts drivers side rear going 3/4 towards the front. Again if she stated she was in the lane the entire time this can be indicative of your vehicle travelling into her lane as she proceeded forward. It can also be that she moved from the #2 to #3 as you moved from the #4 to #3 (my guess).

They way fault gets determined is by asking what movement prior to the collison had the greatest impact on the collision occuring? If she stated she was going straight then your lane change would be that movement. I would also bet the "PCF" on the report is 22658vc ( unsafe lane change)

You have to be careful when you give statements. If i took a report and someone was stating to me that their vehicle prohibits them from making unsafe lane changes i would immediately scrutinize their statement being that they are already providing inaccurate information....

Yes, the (paraphrasing here) "Subaru would never let me do an unsafe lane change" raised my eyebrow too. Well done and thought out reply. OP. Glad you are ok. Sorry it happened. Best.

[BigPimping]

Every single one of the 911 ambulances that I worked in had dash cams. I have them in my car as well front and rear. This will always solve your problem. They're not expensive either.

I hope you find resolution to your issue. It sounds like that report is very vague.

[Wildcat19]

In this state, I always assume the worse when driving. (plan for and expect the worst possible scenario) Someone will be in my blind spot, someone will run a red light, someone will change lanes when I want to change lanes. Casual cruising, especially in the bay area is history. Sorry about the accident.

My wife's camry has the mirror indicators and lane assist and all that junk....It can make you complacent - I turn it all off unless, I'm in the middle of Nevada or Utah. Still need to turn your head.