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Old 12-22-2016, 01:13 PM   #21
Disagreeable
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Default Re: Determining the causes of the accident

The biggest concern is local police hold legitimate traffic checkpoints, with smudge pots in the road. Most small depts' cannot afford uniforms so the officers wear jeans a black t-shirt some with logos, with a badge on their belt. How are you to determine whether it is not a group of bandits in jeans and black t-shirts with fake badges.
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Old 12-23-2016, 12:16 PM   #22
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Default Re: Determining the causes of the accident

Oh my gosh I would NOT want to go through that there.
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Old 01-06-2017, 06:09 PM   #23
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Default Re: Determining the causes of the accident

If a person is drunk and driving, but I accidentally hit them, who is really at fault?
It was about 1800 dollars in damage.
I mean they could have been more defensive if they had not been drunk!
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Old 02-06-2017, 06:05 AM   #24
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Default Re: Determining the causes of the accident

If you are in a "fault state" the investigator and/or police will determine what % each of you is at fault.

But the other driver being more or less "defensive" does not excuse any mistake you made.
They other driver should be defensive but being defensive is not required if he was obeying the driving rules.

He will likely be charged separately for a crime as well in your case.
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Old 02-06-2017, 08:18 PM   #25
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Quote:
Originally Posted by Ken78789 View Post
If a person is drunk and driving, but I accidentally hit them, who is really at fault?
It was about 1800 dollars in damage.
I mean they could have been more defensive if they had not been drunk!
If you hit them, then you are at fault! There's no other way around it !
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Old 05-12-2017, 06:14 PM   #26
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Default Re: Determining the causes of the accident

Their drunk driving CAN be a reason to void your fault (if any) IN TOTAL.

Don't give up--see a lawyer.
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Old 12-04-2018, 10:22 PM   #27
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Default Re: Determining the causes of the accident

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Originally Posted by adjusterjack View Post
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.



Good answer, just what I needed!!
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