GodDrivesA240sx wrote:How about no scott? I never once describe myself as a person going 50mph. If you read what I posted I said "the guy" not "me" If you noticed what I wrote next to the supposed me in the drawing you would see a note about "me knowing a dumbass is up ahead" and nothing about me traveling at 50 mph. Hmm...seems like I'm exercising caution there. I mean, if there's a dumbass up ahead of course something could happen.
Oh well. ***** and moan about it all you want too but it's state law here, and apprently in AZ too.
While this is true, if the other driver did not yeild to someone who is already yeilding then a wreck never would have occured. There's not a law here that says if someone is waiting more than a minute you have to stop and let them out, they can wait as long as it takes to get out.
Yeah, I'm not saying that people can haul *** and expect nothing to be their fault. However, when someone comes from almost out of nowhere there's no safe speed to travel.
Well liability generally comes down to what a reasonably prudent driver would do. I work auto insurance claims for a living and unfortunately, there are a lot of ignorant drivers out there. Or at least they claim to be. They tend to base their driving on how people should be driving and not how people actually do. It's common knowledge in claims not to assume anything. But as a driver, I assume everyone else out on the road is the worst driver possible. This way nothing surprises me. =)
As far as law, law means nothing in liability by itself. Breaking the law has to trigger causation in order for a person to be legally responsible. As an example, it would be hard to find fault on an illegally parked car that was hit. Yes, it was parked illegally, but the driver of the moving car actually caused the accident. DUIs and driving on a suspended or no license also applies here. If your drunk, but get rear ended at a stoplight, how can you be at fault. Being drunk didn't cause the accident. Though, I have heard of some states where they passed certain legislation to limit rights of those that were DUI when involved in an accident, but in civil law, the law itself does not necessarily mean anything.
Yes, it is a duty to yield, but given the situation, if the other driver is speeding, then the driver that is pulling out can't see him coming early enough. Ever try to turn onto a road that has a sharp curve nearby. Get a little nervous? Sure. You can't see what's coming, especially if they are speeding. Very similar here. The driver of the car coming down the open lane should have some expectation that someone may be pulling out.
And I agree there are plenty of situations where there was absolutely nothing you could have done better.
BTW, I'm more trying to shed light as to how insurance adjusters think in terms of liability. Personally, as an adjuster, Icould care less how many laws you break on the road. As long as you don't cause any accidents. Underwriters would disagree with me though. =)