wa8yxm
Wherever I happen to park
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Joined: 07/04/2006
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Let me put it this way.> There are two very good places to have your name appear on an accident report.
#2 on the list is seated in position "W" (W stands for Witness, not personally involved but saw the crash) been there, done that.
The other is "Investigating Officer" he (or she) actually gets PAID.
Nothin adds excitment like something that is none of your business
Kenwood TS-2000 housed in a 2005 Damon Intruder 377
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TheAmRheins
Elizabethtown IN USA
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This "hypothetical" situation really hits home with me. Every day I face a similar intersection, so I may be able to offer another reason why the driver with the obvious right of way did not immediately proceed.
In my case, it is not a stop light, but a red flashing light for the drivers making the turn and yellow flashers for the highway traffic we are entering.
If I see a driver already in the left turn lane as I approach, even though I have the right of way for my right turn, I have to make sure the other guy isn't going to jump out there as soon as he gets a chance.
I've seen LOTS of accidents at this intersection.
But I was taught that the "first guy first" rule was only at a 4-way stop when both cars arrive at the same time.
Ken & Kathy
Ruben(the cat)& Tiadora (nother cat)
2003 Chev 3500 D/A Dually
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Doug4.7
Hartselle, AL, USA
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Hammerhead wrote:Did the car that ran into the Mazda stop before the intersection because there was no room to clear the intersection on the other side? No, it was clear beyond the intersection. Sometimes it does backup like you say, but in this case, no.
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Doug4.7
Hartselle, AL, USA
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camperforlife wrote:Likely scenario: Driver stopped at the light was texting and did not see the light change or see the Mazda. When the driver looked up to see the green light after texting he charged forward striking the Mazda. I would agree, except the driver of the other car moved forward with the two cars in front of him until he got to the line. Then he stopped and "waited" for the Mazda to try to make the left turn (the other two cars continued towards town). If not for that "moved forward to the line" bit, I would agree with you.
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doublenot7
Clear Lake, Texas
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Failure to Yield on the part of the turning vehicle.
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camperforlife
Midwest
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Joined: 01/22/2004
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Doug4.7 wrote:camperforlife wrote:Likely scenario: Driver stopped at the light was texting and did not see the light change or see the Mazda. When the driver looked up to see the green light after texting he charged forward striking the Mazda. I would agree, except the driver of the other car moved forward with the two cars in front of him until he got to the line. Then he stopped and "waited" for the Mazda to try to make the left turn (the other two cars continued towards town). If not for that "moved forward to the line" bit, I would agree with you.
I agree, however the reason I even presented the scenario is because I was sitting in a bank parking lot waiting on my wife and I watched a girl stop her car at a green light to text and then proceeded on when she finished and the light was yellow.
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tatest
Oklahoma Green Country
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In this state, in the absence of a signal for a protected left turn, left turning traffic must yield to all other traffic, regardless of intentions assumed for other traffic by either hand signals or interpretation of behavior. We have drivers who will wave you on for your turn, then hit you; not as common as those forcing you to rear end them, but still happens in the insurance fraud business.
That traffic having right of way failed to take it promptly doesn't work as a defense here. Inattentive drivers can wake up at any time. Pulling in front of a sitting vehicle that has right of way might work if one is quick enough, but it is still against the traffic rules and puts the driver who does it in the wrong if a collision occurs.
The respective insurance companies might argue about whether or not the oncoming driver could have taken action to avoid an accident, but violation of a right of way rule usually takes precedence during abrogation.
Alabama could be different.
Tom Test
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Horsedoc
Dixie --- N. Georgia
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Interesting perspective, but the turning vehicle was in the other vehicle's lane and therefore failed to yield to the approaching. That is the way the law works here in Ga. Sounds like the non-turning vehicle had his head up his rear and was not paying attention.
horsedoc
2008 Damon Essence
2003 Honda Element
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Doug4.7
Hartselle, AL, USA
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camperforlife wrote:I agree, however the reason I even presented the scenario is because I was sitting in a bank parking lot waiting on my wife and I watched a girl stop her car at a green light to text and then proceeded on when she finished and the light was yellow. Good point. So they pull forward, get a text, they stop, answer the text, then gun it when they realize they are sitting at a green light.
Wait, where did that Mazda come from?
I guess the truck driver may eventually find out when he gets a call or letter from a lawyer.
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AstroRig57
near Tehachapi, CA
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dturm wrote:Doesn't every state have a law or section in the code that requires a driver to avoid an accident? Even if the Mazda driver was wrong entering the intersection, the other car still has a obligation to avoid the collision.
This is called the "last clear chance" and as long as no one was clearly at fault, and/or cited for violation of law, it is a possibility. If no one was cited, it will most likely be up to the insurance companies to establish blame...or not.
They should pay on their own client's claims, and then go after the other party via subrogation.
* This post was
edited 01/09/12 09:55pm by AstroRig57 *
2005 31' Coachmen Freelander 3150SS, Stargazer II - Mobile Astronomy Unit
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American by birth...Scottish by the Grace Of God.
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