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Who's at fault in this traffic accident



 
 
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  #1  
Old January 20th 07, 06:38 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
_ Prof. Jonez _
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Posts: 173
Default Who's at fault in this traffic accident

NadCixelsyd wrote:
> Car AAA (me) enters an intersection while the light is green. Due to
> congestion, I am unable to exit the intersection and I am stuck in
> traffic when the light changes. All parties are at a complete stop
> when the light changes. When car BBB (other guy) gets a green light,
> he steps on the gas and hits the side of my car. At the scene, BBB
> admits that he just didn't see me. My damage is over $850. BBB
> suffers no damage.


42-4-709. Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk or drive onto any
railroad grade crossing unless there is sufficient space on the other side of
the intersection, crosswalk, or railroad grade crossing to accommodate the
vehicle the driver is operating without obstructing the passage of other
vehicles, pedestrians, or railroad trains, notwithstanding the indication of any
traffic control signal to proceed. Any person who violates any provision of this
section commits a class A traffic infraction.

>
> I put in a claim to BBB's insurance company. Insurance company BBB
> says that it's totally my fault because I was blocking the
> intersection.


Need not yield right-of-way to one already at fault.
A driver cannot be required to yield the right-of-way when his inability to know
and act is chargeable to the lawless conduct of him who claims it. Boyd v.
Close, 82 Colo. 150, 257 P. 1079 (1927); Andrus v. Hall, 93 Colo. 526, 27 P.2d
495 (1933).

However,

One having right-of-way must still use reasonable care.
Prentiss v. Johnston, 119 Colo. 370, 203 P.2d 733 (1949).

Violation is question for jury. Whether or not either of the drivers or both
were negligent in violating this section and whether said negligence was the
proximate cause of this accident, or whether it was caused by the joint and
concurrent negligence of both, are questions of fact for the jury to determine.
Amos v. Remington Arms Co., 117 Colo. 399, 188 P.2d 896 (1948).


>
> So who is at fault? I know I should not have entered the
> intersection. If the law says I'm at fault, so be it.


Question of contributory negligence measured by requirements of city ordinance.
Thus, in action for injuries sustained in automobile accident at an
intersection, the question of plaintiff's contributory negligence must be
measured by the requirements of the city ordinance relating to right-of-way at
intersections and not by this section, where there was a conflict. Thomasson v.
Burlington Transp. Co., 128 F.2d 355 (10th Cir. 1942).


> My theory is
> that the other insurance company simply didn't want to pay. I do not
> have collision insurance. My insurance company doesn't care about
> fault as they do not have a loss. This is Massachusetts, if that
> matters.
>
> Should I sue the other party or am I at fault?


You should hire a lawyer and he will determine whether or not to sue.



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  #2  
Old January 20th 07, 10:01 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Steve B
external usenet poster
 
Posts: 175
Default Who's at fault in this traffic accident

> NadCixelsyd wrote:
>> Car AAA (me) enters an intersection while the light is green. Due to
>> congestion, I am unable to exit the intersection and I am stuck in
>> traffic when the light changes.



(I learned this in traffic school)................

One may not enter an intersection that they cannot fully go through.

What if ...................

A police pursuit comes along and you're sitting there ...............

or ..........

an emergency vehicle comes along that wasn't there when you created this
blockage ............

or ..........

some nitwit just plows into you because he's busy picking his nose
.............

or ...........

any number of things.

I get enraged when people don't have the driving skills to know not to enter
an intersection they can't clear. I get more enraged when the moron behind
me toots his horn and wants me to go out there and block traffic.

It's like when you stop in line for a traffic light. There is a side
street, or some ingress/egress that should be left open, but people don't
want to leave one space there for emergency traffic, or people who want to
turn in. So, by the time the light turns green, there's a stackup on the
other side.

Use your heads, people.

Steve


  #3  
Old January 20th 07, 10:12 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
° Shanghai Lil °
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Posts: 10
Default Who's at fault in this traffic accident

Steve B wrote:
>
> I get enraged when people don't...
>I get more enraged when the moron behind me ...


Perhaps you should seek treatment for your road rage.

Or not drive.



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  #4  
Old January 20th 07, 10:56 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Nate Nagel
external usenet poster
 
Posts: 1,010
Default Who's at fault in this traffic accident

> NadCixelsyd wrote:
>
>>Car AAA (me) enters an intersection while the light is green. Due to
>>congestion, I am unable to exit the intersection and I am stuck in
>>traffic when the light changes. All parties are at a complete stop
>>when the light changes. When car BBB (other guy) gets a green light,
>>he steps on the gas and hits the side of my car. At the scene, BBB
>>admits that he just didn't see me. My damage is over $850. BBB
>>suffers no damage.


While he's clearly an idiot, you apparently have never heard the phrase
"don't block the box." I find it hard to have any sympathy for you.
Suck it up and learn how to drive considerately.

nate

--
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  #5  
Old January 20th 07, 11:50 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Steve B
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Posts: 175
Default Who's at fault in this traffic accident


"° Shanghai Lil °" > wrote in message
.. .
> Steve B wrote:
>>
>> I get enraged when people don't...
>>I get more enraged when the moron behind me ...

>
> Perhaps you should seek treatment for your road rage.
>
> Or not drive.


Anger and rage is a healthy emotion. Ask any psychologist. It's what you
do after you get angry or enraged that makes the difference if you're well
adjusted, or have to go pay the shrink to help you unstuff yourself.

I do have treatment for my rage. I deal with it at the time. With the
person. With the situation as it unfolds. Face to face. In a nonviolent
assertive way. Then, I walk away.

Steve


  #6  
Old January 21st 07, 02:20 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
° Shanghai Lil °
external usenet poster
 
Posts: 10
Default Who's at fault in this traffic accident

Steve B wrote:
> "° Shanghai Lil °" > wrote in message
> .. .
>> Steve B wrote:
>>>
>>> I get enraged when people don't...
>>> I get more enraged when the moron behind me ...

>>
>> Perhaps you should seek treatment for your road rage.
>>
>> Or not drive.

>
> Anger and rage is a healthy emotion. Ask any psychologist.


Ask a Buddhist or a Scientologist.

> It's what you do after you get angry or enraged that makes the difference
> if you're well adjusted, or have to go pay the shrink to help you
> unstuff yourself.
> I do have treatment for my rage. I deal with it at the time. With
> the person. With the situation as it unfolds. Face to face. In a
> nonviolent assertive way. Then, I walk away.


One day you won't be walking away.




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  #7  
Old January 21st 07, 04:11 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
Brent P[_1_]
external usenet poster
 
Posts: 8,639
Default Who's at fault in this traffic accident

In article >, Nate Nagel wrote:
>> NadCixelsyd wrote:
>>
>>>Car AAA (me) enters an intersection while the light is green. Due to
>>>congestion, I am unable to exit the intersection and I am stuck in
>>>traffic when the light changes. All parties are at a complete stop
>>>when the light changes. When car BBB (other guy) gets a green light,
>>>he steps on the gas and hits the side of my car. At the scene, BBB
>>>admits that he just didn't see me. My damage is over $850. BBB
>>>suffers no damage.

>
> While he's clearly an idiot, you apparently have never heard the phrase
> "don't block the box." I find it hard to have any sympathy for you.
> Suck it up and learn how to drive considerately.


I am not so sure the other guy is an idiot or someone who is just saying
the magic words. Many a time I've wished I could just press the bumper of
my car into the side of these arseholes who block intersections.


  #8  
Old January 21st 07, 04:48 AM posted to alt.law-enforcement,misc.legal,rec.autos.driving
external usenet poster
 
Posts: 784
Default Who's at fault in this traffic accident

° Shanghai Lil ° wrote:
>Steve B wrote:
>> "° Shanghai Lil °" > wrote in message
>> .. .
>>> Steve B wrote:
>>>>
>>>> I get enraged when people don't...
>>>> I get more enraged when the moron behind me ...
>>>
>>> Perhaps you should seek treatment for your road rage.
>>>
>>> Or not drive.

>>
>> Anger and rage is a healthy emotion. Ask any psychologist.

>
>Ask a Buddhist or a Scientologist.
>
>> It's what you do after you get angry or enraged that makes the difference
>> if you're well adjusted, or have to go pay the shrink to help you
>> unstuff yourself.
>> I do have treatment for my rage. I deal with it at the time. With
>> the person. With the situation as it unfolds. Face to face. In a
>> nonviolent assertive way. Then, I walk away.

>
>One day you won't be walking away.


Steve B. is a moron, so it won't be any loss.


--

gpstard ) demonstrates his inability to comprehend the
simple differences of the definitions of the monosyllabic words "time" and "chance:"
(Message-ID: om>)
Why don't you argue that the faster one drives the less time spent driving and available to be involved in an accident?

GPSboi demonstrates he doesn't understand the concept of "zero velocity":
: http://groups.google.com/group/rec.a...00dc234d5fd559
Please explain how you concluded a vehicle with a velocity of zero might be -the- contributing factor to a collision due to driver inattentiveness.

"Laura Bush Murdered Her Boyfriend" brags of it's homosexuallity:
the guys at the bath-house stopped laughing at my 3 inch weenie.
: http://groups-beta.google.com/group/...1dd649fb?hl=en

"Laura Bush Murdered Her Boyfriend" brags of it's ability to operate a vehicle:
I must be doing something right to go 3 1/2 years without a fatal crash.
: http://groups.google.com/group/misc....e8a61824?hl=en

Joshua Calvert > demonstrates his lack of understanding of the terms "sarcasm", "irony", and "hypocrisy":
Poor rightard, forced to whine about an 40 year old event.
Message-ID: >
  #9  
Old January 21st 07, 05:52 PM posted to alt.law-enforcement,misc.legal,rec.autos.driving
_ Prof. Jonez _
external usenet poster
 
Posts: 173
Default Who's at fault in this traffic accident <= I blame society ...

Scott en Aztlán wrote:
> Nate Nagel > said in rec.autos.driving:
>
>>> NadCixelsyd wrote:
>>>
>>>> Car AAA (me) enters an intersection while the light is green. Due
>>>> to congestion, I am unable to exit the intersection and I am stuck
>>>> in traffic when the light changes. All parties are at a complete
>>>> stop when the light changes. When car BBB (other guy) gets a
>>>> green light, he steps on the gas and hits the side of my car. At
>>>> the scene, BBB admits that he just didn't see me. My damage is
>>>> over $850. BBB suffers no damage.

>>
>> While he's clearly an idiot, you apparently have never heard the
>> phrase "don't block the box." I find it hard to have any sympathy
>> for you. Suck it up and learn how to drive considerately.

>
> Blocking the box is not just inconsiderate, it's *illegal* (at least
> in California).


Therefore opposing traffic has a right to deliberately ram said vehicles,
under Scott Weiser's Road Ragers theory -- "if the other guy is breaking
the law, I can break the law too"



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