by montagcl » Thu Jul 02, 2009 04:04 am
Driver "A" lost control of his vehicle on a curve on an Ice slick road and driver "B" coming in the opposite direction slamed into driver "A". Driver "B" suffered a head injury. Although his airbag worked, he wasn't wearing his seat belt at the time. This happened in NY state, which has a manditory seat belt law. Whose insurance will be responsible for Driver "B's" injury and can he sue for his injury?
Posted: Fri Jul 03, 2009 02:16 pm Post Subject:
Vehicle "B" said they saw vehicle "A" loose control. I just spoke with Vehicle "A" and he said that he admitted to losing control.
He said that he was about to go over an embankment and overcompensated to the opposite direction. There is a sketch prior to the accident showing the regular vehicular flow of traffic. There were no witnesses to the accident. The police were called to the scene by vehicle "A". The police appeared apprehensive about blaming anyone. All participants live in the same small town. Police report said that pavement was slippery.
Posted: Fri Jul 03, 2009 08:55 pm Post Subject:
Its sometimes difficult to remain objective when you are even
relatively involved.
Nobody ever likes to feel or admit that they are at fault for an accident or someone's pain. In this case it sounds like the road/road conditions were most likely the main contributor to the accident....but it doesn't change the fact that driver "A" would be at fault. Driver "A" could have been going 1 MPH and being as careful as possible and still been at fault if they went left of center.
As for the police, there are many times they don't issues tickets but will mark on the report the contributing circumstances (in this case going left of center/reasonable control). The lack of a ticket happens for many reasons; small communities, police knows both parties, feel bad for the party that should receive the ticket, no clear evidence of what happened.
Posted: Sat Jul 04, 2009 04:46 am Post Subject:
I just spoke with Vehicle "A" and he said that he admitted to losing control.
This definitely gives us a clear picture.. :)
Posted: Sat Jul 04, 2009 05:05 am Post Subject:
Hello Montagcl,
Vehicle "B" said they saw vehicle "A" loose control.
I wonder whether vehicle 'B' had the time to avoid the collision when they saw vehicle 'A' losing control. Can't more fault be attributed to vehicle 'B' for not being able to avoid the accident?
Posted: Sat Jul 04, 2009 11:43 am Post Subject:
Can't more fault be attributed to vehicle 'B' for not being able to avoid the accident?
No, not for 'not being able to'....but if he 'could've' and didn't use his 'last clear chance' to avoid an impact then maybe...it's a pretty trickly wicket...if as an example 'B' saw 'A' in his lane a quarter of a mile ahead...and did nothing to avoid it...then yes...Add your comment