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Old 11-16-2016, 12:59 PM   #1
Tilda
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Default Determining the causes of the accident

If a tire blows, but it was defective, and you were also speeding by 20 over the limit, how do they determine what really was the cause of the accident and how do they allocate the blame?
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Old 11-16-2016, 02:59 PM   #2
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Default Re: Determining the causes of the accident

Not very easily.

One thing you have to understand is that breaking traffic laws is not necessarily negligence when it comes to fault, although most of the times it is.

Here's a couple of examples.

1 - You're doing 85 in a 65, the tire blows and you lose control, hit a tree, get injured and total your car. In that kind of accident it's between you and the manufacturer. You would have to prove that the tire was defective and that the 20 mph over the limit wouldn't have made any difference because you likely would have lost control at 65 mph as well.

2 - You're doing 85 in a 65, tire blows, you lose control, hit another car, total both cars, injuries to both occupants. Your victim is going to sue you and not care what you have to say about the tire. You, in turn, would have bring the manufacturer into the lawsuit as a co-defendant and you would have to prove the same elements that you would have to prove in scenario 1.

It's entirely possible in both scenarios that you could be absolved of negligence because of the defective tire.
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Old 11-18-2016, 01:21 AM   #3
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Default Re: Determining the causes of the accident

Actually OP could not be absolved because part of driving a car is the ability to respond to emergencies. For example, I had a car I had owned since new. It had apparently developed a micro fracture in the hub assembly that was not visible. I had to make an emergency run to Guadalajara and was slamming Topes on the way down in the dark. After getting back to the states, I took the car back in for tire rotation, balance and 4 wheel alignment. They normally do an inspection to confirm all parts are functioning. 800 miles later, I was flying down the interstate in holiday traffic and was cut off. I immediately pushed the brake pedal to the floor, the force on the front suspension caused the micro fracture to break and the right wheel to impact back against the rear tire well, blowing the tire and taking out the steering. Reacting properly to the situation and assessing it correctly, I managed to keep the car in the right lane, fishtailing back and forth as I steered with my left front tire and trying to reduce my speed. This gave traffic time to clear before the constant fishtailing caused the car to spin out into the center of the interstate. So basically on a packed interstate, I managed to effectively control the car enough it was not involved in a collision with other cars and slide it off the road. After explaining what happened and showing the officer the paperwork from the tire/alignment work being freshly done, he asked if I was reporting it to my insurance as an accident, I replied I was not so he called me a AAA wrecker and told me finish enjoying my holiday. No Ticket because I had control as much as it could be controlled. You apparently were speeding recklessly and could not properly control the vehicle when it malfunctioned. You have also not explained how the tire malfunctioned. Many times, such malfunctions are caused by improper air pressure and hitting an obstacle causing a weakness in the tire that causes a future malfunction. What proof do you have it malfunctioned? I had all the evidence needed to make the entire argument in the middle of the interstate sufficient for a state patrol officer to not cite me.
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Old 11-18-2016, 02:48 PM   #4
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Default Re: Determining the causes of the accident

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Originally Posted by Disagreeable View Post
...was slamming Topes on the way down in the dark.
Maybe I'm just old, but what the hell does that mean?
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Old 11-19-2016, 07:39 AM   #5
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Default Re: Determining the causes of the accident

I have no idea either?
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Old 11-20-2016, 07:15 AM   #6
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Default Re: Determining the causes of the accident

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If a tire blows, but it was defective, and you were also speeding by 20 over the limit, how do they determine what really was the cause of the accident and how do they allocate the blame?
You will partially liable no matter what.
And an expert can assign a percentage based on evidence.
Of course it also depends how your state handles accidents and how and if they apportion fault.
And the ticket you receive is another separate issue.
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Old 11-20-2016, 07:13 PM   #7
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Default Re: Determining the causes of the accident

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Maybe I'm just old, but what the hell does that mean?
Still curious what is slamming topes???
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Old 11-26-2016, 04:28 PM   #8
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Default Re: Determining the causes of the accident

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If a tire blows, but it was defective, and you were also speeding by 20 over the limit, how do they determine what really was the cause of the accident and how do they allocate the blame?

In a no fault state there is no need to apportion fault.
Saves everybody time and money.
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Old 12-16-2016, 01:11 PM   #9
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Default Re: Determining the causes of the accident

So in a no fault state like Michigan it does not matter if the driver that side swiped us was not wearing his prescription glasses, is that right?

It is still each of our own insurers that pays. Is that right?

Does that make my rates go up to then?
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Old 12-16-2016, 04:04 PM   #10
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Default Re: Determining the causes of the accident

Topes in Mexico are large speed bumps for controlling traffic. The signage for them is usually close to the tope because of the low speeds. When you are heading into a town at night, there is nobody on the streets, speeding is very common and you hit them all the time when you are unfamiliar with the roads layout in those areas.
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