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Car accident question

Discussion in 'BBS Hangout' started by Apollo Creed, Aug 18, 2008.

  1. Apollo Creed

    Apollo Creed Contributing Member

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    If there is a car parked in the middle of a freeway lane and someone hits it from behind, is the one who hit it responsible?
     
  2. heypartner

    heypartner Contributing Member

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    why would this be any different than hitting a car from behind that is stopped due to traffic?

    that said, you can always request a jury trial. You'll probably win if the car was truly "parked."
     
  3. SwoLy-D

    SwoLy-D Contributing Member

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    Not "responsible," per se, but YES. The person hitting from behind gets a ticket for "failure to control speed" (you should always know what's ahead of you, even if there's a hill, something covering you, etc.) and you should drive at the speed limit or less. :cool:

    BUT, the person in front cannot be going LESS than the minimum speed. If there is NOTHING WRONG WITH THE VEHICLE, that person gets a ticket, too.

    The one parked cannot sue the one ramming onto the vehicle, and neither can the one claiming the first was just "parked." :eek: That's just frivolous and malicious.
     
  4. Apollo Creed

    Apollo Creed Contributing Member

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    Well, at least no one got hurt and I didn't get a ticket.
     
  5. Surfguy

    Surfguy Contributing Member

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    I had this scenario once. It almost cost me my life. The problem was the car was parked in the middle freeway lane on I-10 and it was just over a hill. There was a large truck in front of me who swerved at the last second and left me with a split-second to swerve. I didn't even have time to look if anyone was in the lane I was swerving in. I just swerved. This is going the speed limit.

    Your telling me that this would have been my fault and I would have died...because someone else's car was abandoned in a middle freeway lane just over a hill?

    That's good to know. I guess my estate could have paid the fines on that one. Motherfocker.
     
  6. SwoLy-D

    SwoLy-D Contributing Member

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    Yes. It would have been your fault :eek:.

    How close were you to the truck that you "had a split-second" that couldn't SLOW DOWN or MOVE to the side? :confused:

    You should be apart from the vehicle in front of you at 10 feet per 10 mph.

    ^ Remember this, kids. There will be a quiz later.
     
  7. heypartner

    heypartner Contributing Member

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    clearly not abiding by the 3-second rule. Sounds like he would have gotten a tailgating ticket, too.
     
  8. SwoLy-D

    SwoLy-D Contributing Member

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    The "book"... it says 2 seconds... but your 3-second 'fixed object' rule is better, sir. ;)
     
  9. codell

    codell Contributing Member

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    depends on the conditions, but usually, as far as insurance goes, you are liable

    the only scenario you could get off is where it is nighttime and the car that was disabled did not have lights or flashers on
     
  10. IROC it

    IROC it Contributing Member

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    In Texas, isn't every rear-ender responsible to the rear-endee?








    (obvious jokes may be in your future)
     

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