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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Factors in Accident Causation

    [quote=seniorjudge;50511]As far as I know, no court has ever ruled that talking on a cell phone is negligence in a traffic violation.

    quote]

    Even with the spate of cell phone restriction laws in place?? It in itself is a citable offense in some areas, I would imagine it could be used as a determination as to negligence. Regardless, I don;t believe that would apply in this situation.

    If the commercial truck was curbside (I presume out of the driving lane) and they then left the curb and interacted with your vehicle, the truck is simply guilty of failure to yield the right of way to traffic. The fact that there was or was not a turn signal should not override his requirement to yield to traffic. A turn signal does not give right of way to a vehicle, it only is a warning of impeding action. The bottom line is that if the truck could not safely enter traffic without causing a vehicle to avoid them, they are guilty of the failure to yield charge.

    So, in my mind it gets down to; was the truck moving?

    If so, then the truck is at fault. If the truck was not moving, then you are at fault for failure to avoid an obstacle within your path.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Who is at fault?

    [QUOTE=jk;50519]
    Quote Quoting seniorjudge
    View Post
    As far as I know, no court has ever ruled that talking on a cell phone is negligence in a traffic violation.

    quote]

    Even with the spate of cell phone restriction laws in place?? It in itself is a citable offense in some areas, I would imagine it could be used as a determination as to negligence. Regardless, I don;t believe that would apply in this situation.

    If the commercial truck was curbside (I presume out of the driving lane) and they then left the curb and interacted with your vehicle, the truck is simply guilty of failure to yield the right of way to traffic. The fact that there was or was not a turn signal should not override his requirement to yield to traffic. A turn signal does not give right of way to a vehicle, it only is a warning of impeding action. The bottom line is that if the truck could not safely enter traffic without causing a vehicle to avoid them, they are guilty of the failure to yield charge.

    So, in my mind it gets down to; was the truck moving?

    If so, then the truck is at fault. If the truck was not moving, then you are at fault for failure to avoid an obstacle within your path.
    If I have a wreck and get cited for having an open container of America's favorite drug, that does not mean that that offense caused the wreck.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who is at fault?

    [quote=seniorjudge;50522]
    Quote Quoting jk
    View Post

    If I have a wreck and get cited for having an open container of America's favorite drug, that does not mean that that offense caused the wreck.
    I realize that. It does mean that the charge of "impaired driving" may be applicable and just if it was in your hand and in anyway limited your control of your vehicle. Control would neccessitate the full knowledge and awareness of the area surrounding your vehicle.

    The use of a cell phone, while driving, has been proven to be a factor in this knowledge and awareness.

    i.e. the use of a cellphone CAN be the ultimate cause of an accident.

  4. #4
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Factors in Accident Causation

    Quote Quoting seniorjudge
    View Post
    Girls, cheeseburgers, cellphones.

    Got it.
    Putting on makeup, I understand and am informed that big rig drivers also claim other distractions

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