Quote:
Originally Posted by 1087
I absolutely agree with you.
Without the video this case will fall into the right of way for the 370Z.
But the video clearly shows that the speed the Z was carrying did not allowed the other party crossing the intersection to realize how fast the Z driver was going.
Quite simple if the Z driver was travelling at the posted speed there will be no accident.
This is quite simple to understand, also the police will not prosecute without that evidence.
The Family of the deceased person has a very strong case, this is not your typical 50-50 case.
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I'll begin by noting that I have 0 idea how Texas state laws work with regard to T-bone accidents/right-of-way/side collisions, etc.
But do know that in some states it is entirely on the yielding driver to cross the intersection safely. It doesn't matter how fast the hitting driver is going. If that's the state of Texas, you're going to see a not guilty verdict.
You say if the driver wasn't speeding, the accident wouldn't have occurred. A lawyer says if the crossing driver would have properly yielded to oncoming traffic, the accident wouldn't have occurred. Lawyer says the crossing driver didn't come to a complete stop before crossing, or that he was speeding while crossing the intersection, which caused the collision. While these seem like obnoxious claims, they are the type of things lawyers will look for.
Some states have exceptions to laws regarding yielding the right-of-way which will charge the hitting driver at fault if they are determined to be speeding/reckless driving/etc (name your offense).
Anyway, this is just a little devil's advocate on my part. I am not trying to be insensitive toward the deceased driver, as this is a horrible and unfortunate event that happened. I just wanted to throw it out there that, unfortunately in the US legal system, it is not this simple.
On a personal (and emotional) note, I hope she gets convicted because it's painfully obvious she is driving like a reckless idiot, and she contributed to someone losing their life. Regardless of if it is determined that the crossing driver did anything wrong, it doesn't change the fact that the Z driver contributed to that loss of life.