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-   -   Am I at fault?? *Verdict: NOPE (technically)* (https://www.ft86club.com/forums/showthread.php?t=71087)

FV 07-30-2014 07:07 PM

Claim adjuster here

If this was my claim and I saw the footage, I would put the other vehicle at fault. We look for the proximate cause of the accident, which would be the lane change not you speeding down. Plus we can't see your speedometer anyways, who is to say you were driving faster than the speed limit. Good luck, every claim adjuster is different though.

The other car didn't look before changing lanes, if they did they would have noticed your speed and not initiated the change - insurance logic.

Ganthrithor 07-30-2014 07:18 PM

Yeah, I'd say the SUV is at fault (typical SUV driver no-look, no-signal bullshit driving), but there's no way in hell you'd have made that light. The only good news is that it looks like if when you ran the red that nobody'd have been able to T-bone you since the left turn lanes for the road you were on activated. Hopefully people across from you would have seen you and delayed their lefts.

Also, when in doubt, mash the shit out of your brake pedal. ABS is there for a reason. Don't wait for someone else to do something smart to avoid a crash (they won't). Even if you get rear-ended as a result, at least it's their fault and not yours.

chas3wba0 07-30-2014 07:26 PM

Quote:

Originally Posted by FV (Post 1874057)
Claim adjuster here

If this was my claim and I saw the footage, I would put the other vehicle at fault. We look for the proximate cause of the accident, which would be the lane change not you speeding down. Plus we can't see your speedometer anyways, who is to say you were driving faster than the speed limit. Good luck, every claim adjuster is different though.

The other car didn't look before changing lanes, if they did they would have noticed your speed and not initiated the change - insurance logic.

Thanks for the insight; I just spoke to my adjuster on the phone and he said pretty much the same thing. Not gonna assume I'm in the clear yet, but in any case, I'll remember that I likely could have avoided the accident entirely if I'd slowed down with everyone else. Lesson learned

Jaden 07-30-2014 07:26 PM

you are not allowed to accelerate through a yellow light...
 
Quote:

Originally Posted by chas3wba0 (Post 1872814)
Judging from the engine sound, I don't think I can deny that I got on the gas a little bit when it turned yellow. Just not sure if it's a valid reason to pin any fault on me in this case... yes, I'm just fishing for confirmations here

It is illegal to accelerate through a yellow light; however, you did not pass the white lines at the light, so you had not done anything illegal or that would make you at fault in this situation as far as I can tell.

It was the other cars responsibility to ensure he had plenty of room to change lanes. I would say it is his fault or a no fault.

Jaden

Ubersuber 07-30-2014 08:42 PM

I don't think you were at fault even if you would have run the red illegally. Your illegal intent does not absolve the actual illegal action of the negligent driver.

It is only illegal to fail to stop for a yellow light if you are able to do so "safely".

If someone ahead of you in the adjacent lane stops then that is some evidence (not conclusive) that you could also have stopped. However, if you are going faster than that other person then what applied to them may not apply to you. It is a judgment call which is why there are no yellow light cameras, only red light cameras. Running a red is always illegal, and rightly so.

A lane change that results in a collision is almost always 100% the fault of the lane changer. If someone in front of you stops for a yellow light you MUST be able to also or you are following too close. Changing lanes in order to avoid having to stop is illegal. Changing lanes at the last minute so as to stop at the red in the front of the line is stupid and usually illegal if traffic is using that lane and approaching the light.

It is not illegal to enter an intersection against a yellow light even if you are speeding unless you could have stopped safely before you reached the intersection. The speeding is illegal but not "running the yellow". It is not illegal to speed up and enter on the yellow unless as an alternative to speeding up was the ability to stop safely. It isn't always safest to brake, occasionally acceleration is safer, even to speeds above the speed limit or otherwise "safe speed".

Finally, I have noticed that our little cars are so low and so small that many drivers of big vehicles apparently fail to notice us. Legality is ALWAYS secondary to safety.

The phrase is: he was right, dead right in fact.

AVodka14 07-30-2014 09:30 PM

That's an unsafe lane change on Pilot's part. He should have used his signal yet no changing of lanes should happen at the intersection but he was theoretically not in the intersection when he changed lanes. Yet speeding up toward the light when driver in other lane is stopped. It's a toss up. Lucky you didn't hit the Ford.

AznBRZer 07-30-2014 10:29 PM

OP should've eaten more pork buns.

[ame="https://www.youtube.com/watch?v=8tFiRPLOQRc"]pork bun - YouTube[/ame]

retoocs 07-30-2014 10:37 PM

Quote:

Originally Posted by Jaden (Post 1874104)
It is illegal to accelerate through a yellow light;

Not true. There are no CVC's that says it is illegal. Yellow light just means stop if you can, proceed with caution if you can't.

chas3wba0 07-30-2014 10:55 PM

Quote:

Originally Posted by AznBRZer (Post 1874381)
OP should've eaten more pork buns.

pork bun - YouTube

LOL I just started playing that game

Jaden 07-31-2014 12:29 AM

From what I understand... the law is a bit vague...
 
Quote:

Originally Posted by retoocs (Post 1874395)
Not true. There are no CVC's that says it is illegal. Yellow light just means stop if you can, proceed with caution if you can't.

The law varies from state to state, I'm not sure what state the op is in...

In California, as long as you didn't accelerate and your front wheels are past the white line before the light turns red, you are good. I believe the vehicle code only references being past the white line before the light turns red

Jaden

retoocs 07-31-2014 12:58 AM

Quote:

Originally Posted by Jaden (Post 1874585)
The law varies from state to state, I'm not sure what state the op is in...

In California, as long as you didn't accelerate and your front wheels are past the white line before the light turns red, you are good. I believe the vehicle code only references being past the white line before the light turns red

Jaden

Op is in San Ramon.

CVC 21453a only states you have to stop at the marked limit line on a red light. Nothing about yellow light. A cop can't write you a ticket for going through a yellow, no CVC.

Even the DMV video states you can go through a yellow.

[ame="https://www.youtube.com/watch?v=SJjhQyU0Wlw&t=0m20s"]California DMV - Rules of the Road #7 - Signal Intersections - YouTube[/ame]

Pete156 07-31-2014 01:43 AM

I'm going to rant on YOU. You were driving like a douche. You were in the left (fast) lane during most of the video. Yes even city streets have a fast lane. You were being passed by cars in the slower lanes during most of the video. The only time you appeared to accelerate was when the light turned yellow and the other driver turned into your lane (legally with his signal on). Your reaction time was that of a sloth.
If I were the judge you'd be in drivers education class.
Rant over.

chas3wba0 07-31-2014 06:17 AM

Quote:

Originally Posted by Pete156 (Post 1874669)
I'm going to rant on YOU. You were driving like a douche. You were in the left (fast) lane during most of the video. Yes even city streets have a fast lane. You were being passed by cars in the slower lanes during most of the video. The only time you appeared to accelerate was when the light turned yellow and the other driver turned into your lane (legally with his signal on). Your reaction time was that of a sloth.
If I were the judge you'd be in drivers education class.
Rant over.

Ah yes, I've been expecting you. Thanks for your input, but half the shit you said isn't even true/relevant, so I'll kindly elaborate for you:

I live in this town and drive this road daily. I know whether or not people here consider the left lane a "fast lane", and they don't. Most people just speed past 50 in the 45mph zone in any of the three lanes available. You should see me on actual highways... I abide by the left-lane-for-passing-only rule like you wouldn't believe.

This time in particular, there was a cop right in front of me, meaning everyone is driving 5 under. I'm keeping up just fine with traffic until we start going down the hill. There, I shift to 4th and use engine braking to maintain ~40mph going down the hill--as I always do--while everyone else bombs the hill and rides their brakes the whole way (forgive me for trying to be efficient).

And no, the other driver did not signal. Try watching in 1080p.


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