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Originally Posted by cv129 Also needed to be pointed out...looking at the coloring of the video, it's very possible the low light/dark capturing capability of the dash cam far exceeds
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#1 (permalink) | |
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Consult with a lawyer. Different states have different rules for who's liable when a person crashes into an illegally parked vehicle. You may very well have a case against the owner of the truck.
I'd give you the benefit of a doubt, dash cams don't really capture the persons line of sight. It sits higher and to the right. And it sees in the dark better. |
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This is an odd one. I agree and disagree. I watched the video and wondered how OP didn't see the truck. In my perspective he had plenty of time to avoid that collision and OP seemed to be traveling at a reasonable speed. However, everyone is different in terms of reaction time so we shouldn't be able to really justify the situation based on that. The fact of the matter is that damn truck should not have been parked there. I can see how the insurance and CHP is blaming OP, but it's not fair at all as this wouldn't have even happened had that truck not been there....then again, life isn't fair.
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Night time + Rain + No hazards = very hard to see a car like that at night.
You did react late but what if there was someone in your blind spot? You wouldn't have been able to swerve and slamming on your brakes would've been a sure crash anyway. |
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Funny, not knowing where to look when I clicked on the video, I still spotted the truck right as soon as the video started. And that's on a 15" laptop screen on a downsized Youtube screen.
At any rate, I still stand by what I said earlier in this thread. What I don't agree with is others saying that the OP was traveling too fast for the conditions. Looks like the OP was doing the typical highway ramp/loop speed of around 45-50 mph. Usually, the wide angle lenes on those cameras make it look like you're moving slower than you really are, but judging from the stripes on the road, it looks about 45-50 mph to me. And yes, it's a bit out of the norm to have a vehicle stopped on the left side of the road, but we have no idea what the circumstances are/were with that truck and its driver. From the looks of it, it was already missing its right rear wheel and tire completely, and the front bumper already up against the wall. If that's the case, and this is where the truck came to a stop, there may not have been anything the driver could have done to move the truck to the other side of the road. But with that being said, the hazard lights should have been on... Unless of course the impact caused the battery to become disconnected. Either way, I STILL say the OP had plenty of time to react and avoid the collision, and that a lawyer will say the same. Unfortunately, in this case, the video doesn't lie.
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It's always easy after the fact, we already know to look for a truck in the lane so it's easy to spot. Most accidents are avoidable if you know what's going to happen before it does. It was dark, raining, a turn, and an unlit vehicle. Be that as it may I think it would be best to get a lawyer but I wouldn't expect this being more then a 50/50 fault unless someone was in the other lane which your video doesn't show, if anything it shows you failing to keep right.
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I've done hundreds of accident investigations and unfortunately this one is the OP's fault. It's a drivers responsibility to maintain control of his vehicle and to be able to avoid collision by maintaining a safe speed for conditions. Part of that is to adjust speed in adverse conditions to maintan ability to avoid obstacles. The jackass that left the truck there certainly contributed and if it were my investigation I'd also list weather as a contributing factor. But anyone who has ever ridden on a racetrack with an intermediate group of riders should see this as clear as day. If you're faster than the guy in front of you it is your responsibility to safely pass him without incident. You could stuff the crap out of him on the inside or flex on him and roll around the outside. But if you spook him with an elbow on the outside or he bites your rear wheel on a stuff , it's pretty much your fault for a bad pass. But that's racing and this is the street. This incident is no different than hitting the back of a car at a red light ( I would've definitely kept that dashcam to myself )
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Not to pile on, but as someone else stated, you shouldn’t have been riding the passing lane and while everyone’s reaction time is different, it seemed to me you had plenty of time to move over and avoid the hazard.
That being said, I think the shitty music had something to do with it too. Just kidding! (about having something to do with the accident, anyway) |
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This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.
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If I recall, he was seeking 30k in pain and suffering. BUT in the 3 days that the hearing lasted, he sat in his chair the whole time, not even trying to look uncomfortable. Only standing up when the jury and judge entered the room. Yes, the Dr. was at fault, but we as a jury didnt buy it for one second that the dude suffered the pain he claimed. We awarded him only part of the cost of the chiropractor..
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You guys kill me. Let me break it down for you. If you recieve an "on view" civil citation such as speed, violating traffic control device or equipment etc. , those are something an officer physically observed and can therefore can testify to what he or she saw. In 25 years I can say that maybe twice I can think of have I ever witnessed a crash in which I had to write the report. 99.9% of the time a crash happens, someone calls 911 and an officer is dispatched. When he gets there he "HEARs" what the people involved "SAY". He didn't actually see crap and in a court of law if you don't see something you are speculating unless you can prove it scientifically or otherwise. Precisely the same way that I can visually estimate speed and then confirm it with a laser speed measuring device. Then when I go to court I back it up with the certification of training and calibration of my equipment. So if you'd like to speculate on whether or not I've ever been in a court room why not put some money on it. That's about as third grade as I can put it .
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