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Originally Posted by Magic Bus Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming
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#1 (permalink) | |
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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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#2 (permalink) | |
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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. Last edited by JDubya; 07-18-2015 at 03:14 PM. |
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#3 (permalink) | |
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#5 (permalink) | |
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Who's to say that the other woman didn't completely stop at the stop sign and obey the right of way law. This is all an emotionally driven charge. |
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#6 (permalink) | |
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You fail to see that the other woman was almost finishing to crossing the intersection when the accident occurred, look at the video few times, the Z tried to swerve to the right to avoid the van. Updated: Mother of three dies after major auto wreck in Harlingen : News : ValleyCentral.com
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#7 (permalink) | |
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My question using the speeding numbers were not meant do depict the actual case. The question was used as an example to ask a question of two fellow forum members if someone is speeding, do they have liability in an accident. Also I never said that use of a cellphone was illegal in Texas. But it will make the prosecutions case stronger showing that the driver was not 100% focused on driving. |
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#10 (permalink) |
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Very sad... RIP to the mother of 3.
On the flip side, it always continues to amaze me how well the 370Z does in an accident
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#12 (permalink) |
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Anyone in to make a fund for the woman's children? Show some support from the car community(?)
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Side note. I'm fine with a little spirited driving on the tollway, maybe even an open highway. But a city street in the middle of the day? 30 miles over? Thats just asking for trouble. If you are going to speed atleast do it responsibly with other lives in consideration. I don't know if I could live with myself knowing my little lack of control took the life of another human being. |
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Why is it that people who can afford to buy cars are too cheap to get a hands free kit for their phones? People caught using cell phone's should be charged and receive the same fines/penalties as impaired drivers.
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