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  1. #1
    Join Date
    Oct 2013
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    91

    Default Cut Off by a Bus Driver

    My question involves a traffic ticket from the state of: Virginia

    On July 3rd I was traveling through Colonial Williamsburg when a bus driver a few hundred feet ahead of me decided to lose all patience and turn into the opposite lane.

    However in the process of doing so they turned wide, crossing into my lane leaving me no choice but to swerve right and almost clip the curb.

    I caught eveything on my dashcam. To me crossing the double yellow in any circumstance is illegal, especially given my dashcam captured the bus as it first pulled out and the bus driver made no attempt to brake to keep from hitting me.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Who Would Be at Fault if This Ended in an Accident

    Quote Quoting Hemispheres
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    To me crossing the double yellow in any circumstance is illegal, especially given my dashcam captured the bus as it first pulled out and the bus driver made no attempt to brake to keep from hitting me.
    None of that really matters.

    All that a finding of fault would require is that he pulled into the oncoming lane and hit somebody coming from the opposite direction.

  3. #3
    Join Date
    Oct 2013
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    91

    Default Re: Cut Off by a Bus Driver

    Because Iím debating talking to individual who is in charge of all touring buses, however a few people who have seen the dashcam footage are claiming I would be at fault for traveling to fast.

    They pulled some bs numbers out of their rears claiming I was doing 35 in a 25 despite me setting my cruise control at 30. I also timed the distance of my RH turn to the intersection at which the incident occurred and got 1056 ft divided by 25 seconds = 28.8 mph.

    Using the same method most likely will show oncoming traffic traveling faster than I was, seeing as how no one follows the speed limit in this town. If they arenít over theyíre under.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Cut Off by a Bus Driver

    30 in a 25 is still speeding.
    In Virginia, you give up the claim to right of way if you are speeding.
    Then it gets into a insurance (or trial) pissing match over who was MORE negligent.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cut Off by a Bus Driver

    Just becasue you were traveling at a speed in excess of the posted speed limit does not necessarily mean you were speeding.

    Um, yeah, actually it does.

  6. #6
    Join Date
    Feb 2014
    Location
    RTR/WDE
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    1,724

    Default Re: Cut Off by a Bus Driver

    Another 'What If' question. It didn't happen, so the point is moot, unless others want to play with hypotheticals.

  7. #7
    Join Date
    Sep 2010
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    19,901

    Default Re: Cut Off by a Bus Driver

    Quote Quoting EJay
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    What if the speed was incorrectly posted? VA has a whole list of requirements for various speed limits:

    https://law.lis.virginia.gov/vacodef...ter8/article8/

    Lets take this one for example:



    If the city posts a speed limit of 25 mph, on a street that would otherwise have a limit of 35 mph, but did not perform the appropriate traffic engineering investigation, a person driving a vehicle at 34 mph would not be speeding even though they were driving faster than the posted limit.
    You have to understand a few things: Virginia (like most of the rest of the country) is not California. First, there are no real requirements for this "engineering investigation." The guy designated traffic engineer will make up his own number. Second, there are DARNED FEW municipalities that maintain their own roads in the commonwealth. Back during the depression the state took over all the local roads. Only two counties (Arlington and Henrico) have their own road systems.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cut Off by a Bus Driver

    Quote Quoting Hemispheres
    View Post
    My question involves a traffic ticket from the state of: Virginia

    On July 3rd I was traveling through Colonial Williamsburg when a bus driver a few hundred feet ahead of me decided to lose all patience and turn into the opposite lane.

    However in the process of doing so they turned wide, crossing into my lane leaving me no choice but to swerve right and almost clip the curb.

    I caught eveything on my dashcam. To me crossing the double yellow in any circumstance is illegal, especially given my dashcam captured the bus as it first pulled out and the bus driver made no attempt to brake to keep from hitting me.
    Regardless of anything else, especially referring to the thread himack by ejay, since you make no mention of a collision, the point is moot.

    If you wish to make a complaint to the drivers company hoping corrective action will be taken, then do so. If you wish to report this to the police hoping a ticket will be issued, then do so. Otherwise discussion is based entirely on speculation and relatively meaningless.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cut Off by a Bus Driver

    Quote Quoting EJay
    View Post
    What if the speed was incorrectly posted? VA has a whole list of requirements for various speed limits:

    https://law.lis.virginia.gov/vacodef...ter8/article8/

    Lets take this one for example:



    If the city posts a speed limit of 25 mph, on a street that would otherwise have a limit of 35 mph, but did not perform the appropriate traffic engineering investigation, a person driving a vehicle at 34 mph would not be speeding even though they were driving faster than the posted limit.
    Actually they would be as driving faster than the posted limit is considered speeding. Now whether they have the ability to defend the ticket by asserting the posted speed limit is not proper and valid and as such a ticket is not valid and enforceable, that is an entirely different issue. Until such time it is proven the posted speed limit is improper, exceeding the posted limit is prime facia proof of speeding.

    Quote Quoting EJay
    View Post

    All I said was that it is possible to exceed a posted limit and not actually be speeding. When challenged I gave a valid example of a hypothetical situation of when that would be the case.

    .
    Until the posted limit is invalidated, it is presumed for all purposes that the driver exceeding the posted limit is in fact speeding and can legally be treated as if they are in fact speeding. Using the engineering defense is a lot like many other defenses. Until proven otherwise the law as written (including the posted speed limit) is what is enforceable.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cut Off by a Bus Driver

    You show me some actual evidence that the posted speed is improper and we'll talk. Until then, I stand by my answer.

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