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Old 06-09-2012, 06:29 PM
 
Location: Texas
391 posts, read 585,695 times
Reputation: 498

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I should have mentioned... I was well past the yield AND the merge ramp.

In other words, the merge ramp was behind me.
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Old 06-12-2012, 11:30 AM
 
Location: San Antonio
1,289 posts, read 3,332,325 times
Reputation: 917
A yield sign is not a stop sign. If there's space for you to safely go then do so. My .02
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Old 06-12-2012, 05:22 PM
 
208 posts, read 337,255 times
Reputation: 182
real simple rule, yield to a texan driver . there concept of merging traffic and curves is non-existent .

doubt me...
i give you the access road from 35 south onto 1604 west (the forums) . traffic backs up 30+ car lengths until 50+ feet into the access road to 1604 west for no apparent reason .
i also give you the curve on 1604 east after lookout road . for no apparent reason all the drivers slow down until they proceed past the slight curve .

no offense .
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Old 06-12-2012, 06:06 PM
 
359 posts, read 708,786 times
Reputation: 302
Quote:
Originally Posted by Neshomamench View Post
It is not as simple as "he would have been blamed..."

As I have said, the Law requires people to mitigate a loss. When you are suffering damage or loss, you must take reasonable steps to stop or slow additional loss. (If you have a small fire and it can be show you could have put it out but you let it burn with a "I want the whole thing replaced..." attitude, you could find yourself on the losing side of a payment.

In traffic, it is similar. Even if someone "failed to yield the right of way" and it can be shown you knew they were failing to do so, you share a level of liability. You did not excersise due caution.

This is a very important (and complicated) legal issue. It keeps people from just plowing into others because "it is their fault." Dont think for a minute that people dont do just that. (It is their fault, If I hit them, they will have to pay.....") No, if you knew, you are both at fault to a degree, even if the other person was wrong first.
`

Reminds me of an incident that happened a few years back with a police officer who entered the freeway, and hit and killed a lady in her car. I heard on the news that she was found at fault for "failure to take evasive action". I thought that was crazy as I would have thought he would have been required to yield the right of way to her (yes, I know no one has the right of way in Texas), but your explanation now clears things up.
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Old 06-12-2012, 08:49 PM
 
Location: West Creek
1,720 posts, read 4,004,629 times
Reputation: 784
Quote:
Originally Posted by Neshomamench View Post
BTW, in general, most Police (contrary to popular belief) dont determine fault in a crash anyways. They simply report the facts and some opinions on circumstances and results. Courts (or arbitration) generally decides levels of liability.

Also being issued a ticket doesnt make it "your fault." The ticket might not (end up) having anything to do with the liability levels you are responsible for in the crash.

Vehicle one is usually listed as the cause.
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Old 06-13-2012, 12:41 AM
 
1,007 posts, read 1,210,325 times
Reputation: 1009
Quote:
Originally Posted by svg210 View Post
Vehicle one is usually listed as the cause.
Officers can list anything they want. The court system assigns degrees of fault and liability...Which is functionally a civil issue anyways. Something, in most cases, the Police dont have anything to do with.

If there is a criminal issue with a crash, the Police may take action for that, but that doesnt assign a level of fault or liability.
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Old 06-13-2012, 04:04 AM
 
6,998 posts, read 10,227,117 times
Reputation: 5381
Quote:
Originally Posted by TowBar View Post
`

Reminds me of an incident that happened a few years back with a police officer who entered the freeway, and hit and killed a lady in her car. I heard on the news that she was found at fault for "failure to take evasive action". I thought that was crazy as I would have thought he would have been required to yield the right of way to her (yes, I know no one has the right of way in Texas), but your explanation now clears things up.
I thought they were more lenient in his sentencing because she was partly at fault if I'm referring to the right case. He still received part of the blame for the accident.
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Old 06-13-2012, 07:42 AM
 
Location: Texas
391 posts, read 585,695 times
Reputation: 498
For me... it was another example of bad driving here in
San Antonio.

We were the only 2 cars in the vicinity on the road.

The guy pulls inches in front of my vehicle even though
the left lane was clear to proceed further and that he did
not exit at the next turn off.

I shook my head twice... nothing else. In fact, I lifted my foot
off the accelerator and was hovering over the brake as this
nonsense was happening.

He rolls down the window to make sure I would see it and
gives me the one-finger salute... for what?

That was far more offensive than my head shaking... and it
was apparent he was watching for and expecting a reaction
and ready to escalate. Had he been drinking? Who knows.

No right of way in Texas... then there is no need for any traffic
signage or light controls... those are only suggestions... go right
through that red light as it will be the other guys fault for failing
to stop and not run into you.

I have learned to expect the unexpected... never approach a
driving situation where you think you KNOW how the other driver
will react... expect the unexpected with no predictability at all.
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