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07-19-2013, 09:38 AM
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#21
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Senior Member
Name: Dave W
Trailer: Trillium 4500 - 1976, 1978, 1979, 1300 - 1977, and a 1973
Alberta
Posts: 6,926
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I suspect that the judge is under pressure to keep it simple. If you hit the back, you are at fault. If everybody fights rear end collisions, then the courts back up.
I witnessed this during my divorce. With 3" of documentation, including a $20000 parenting assessment that said the kids should be with me, the judge just looked at us, boy bad, girl good, she gets primary care and control. Let just say that I was not surprised when child welfare called me from the childrens hospital. All the kids are with me now, and she has a supervised visit only order.
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07-19-2013, 10:02 AM
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#22
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Moderator
Trailer: 2009 19 ft Escape / 2009 Honda Pilot
Posts: 6,229
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I too have had, and know of many others too, situations where we rear ended someone else where the fault was mostly with the driver in front, because of something stupid or erratic they did, where they were found at fault purely because they were deemed to be following. Like others said, courts and insurance companies like to keep this clean and simple.
I had one when following someone into a merge lane, and was shoulder checking (the road was clear), when I looked back forward again and the lady had slammed on her brakes for some reason. I too braked hard, and just lightly bumped here. There was a bit of damage to the rear corner of the vehicle, nothing to mine, which I paid for. I do agree there is room for argument in this case that regardless I should have followed further back, I can concede to that. What really go me (mine was a company vehicle for a the company I worked for), but when I went to get my own commercial vehicle insurance a few years later, I was told my premiums would be raised a bit due to an injury claim on this incident. WHAT?? I knew nothing about this. My insurance agent checked into it, and because the claim was about $18,000 (this was 20 years ago now), the insurance company conceded to it because it was not worth their while to contest. I was told nothing at all about this at the time. BTW, the lady driving was just fine, the impact was very minor.
If I had of had a cam in a situation like that, any recording from it could be used to see how the incident transpired, the fact it as not much more than a wee bump, and the lady walking around fine. Not sure if these things would record sound, but I had even asked her how she was, and her response was that she was okay. I imagine it was someone after the incident that suggested she claim injury.
Okay, rant over, and my thoughts are that for the most part, the idea of dash cams is a good one, especially if the evidence they provide is admissible in court.
__________________
2017 Escape 5.0 TA
2015 Ford F150 Lariat 3.5L EcoBoost
2009 Escape 19 (previous)
“Most folks are about as happy as they make up their minds to be.” — Abraham Lincoln
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07-19-2013, 10:05 AM
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#23
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Moderator
Trailer: 2009 19 ft Escape / 2009 Honda Pilot
Posts: 6,229
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BTW, I do realize that most rear end accidents are definitely the fault of the driver behind. I have been guilty of that too, and even though it was due to icy road conditions, it certainly was no fault of the person in front of me.
__________________
2017 Escape 5.0 TA
2015 Ford F150 Lariat 3.5L EcoBoost
2009 Escape 19 (previous)
“Most folks are about as happy as they make up their minds to be.” — Abraham Lincoln
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07-19-2013, 11:00 AM
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#24
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Senior Member
Name: Chris
Trailer: Scamp 16
New Hampshire
Posts: 166
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Jim, the accident you describe is very common. I've done it myself and I think everyone does it at least once before learning that your idea of plenty of room to merge is not everyone else's. A car could be a mile back and someone will stop at the end of a merge ramp. I've come close to repeating the same mistake a few times over the years, some of them I swear were insurance fraud chasers. Hard on the brakes for no reason. It's difficult to avoid erratic driving like that even if you are an alert driver.
An episode of the original 90210 series always sticks in my head. I grew up with two sisters and they usually had control of the remote. Anyway, Brenda (Shannen Doherty) isn't paying attention at a stop light and rear ends someone. The woman was nice and everything at the time but later on she claims to have severe neck pain and was going to sue. They meet in court or something and she has a neck brace on. Brenda felt so bad about the incident she decides to deliver flowers to the woman at her home and apologize. When she pulls up to the house the woman is doing aerobics in her front living room and they make eye contact. Lawsuit dropped, LOL. In the end it turned out the woman put the car in reverse and intentionally backed into Brenda. I think of that every time someone slams on the brakes or accidentally puts their car in reverse at a stop light. There are plenty of people out there that know how to scam the system.
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07-19-2013, 11:23 AM
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#25
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Senior Member
Name: Derek
Trailer: 1973 boler 13', Earlton On
Ontario
Posts: 396
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Quote:
Originally Posted by chuyler1
I dunno man. It really sucks that you were found at fault but it sounds like you needed a better lawyer...or a dash cam to show what happened. Did these eye witnesses show up for your court date? Was the officer who responded to the accident there in court also? A quick accident reconstruction showing you in the left lane, cars traveling at same speed in the right lane (probably blocking her view of you), and then her cutting across and stopping in your lane, could have easily convinced a judge who was at fault.
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I must say that I agree here. There has got to be more to the story here. Perhaps it is the way the situation was presented. Most times you can represent yourself in traffic court, but this one was severe enough that some legal backup may have been useful. Dash Cam video and the reconstruction idea suggested above would have only strengthened your position. Judges do like simple. She cut you off. It doesn't get much more simple then that.
Having someone roll back on you from infront can happen. If you have learned to drive stick shift, you know the hardest place to start from a dead stop is on a hill climb. My brother had this issue in his learning days. He was on the steep exit ramp of an underground parking garage. He stopped at the pay booth to pay his parking fee. Another car came up behind him and stopped tight behind. The only way he could get the car moving was to do a big bad-ass peel up the exit ramp. Because it was an enclosed indoor garage, the walls acted to amplify the sound. He set off car alarms 3 floors down.
Derek
PS. Yes, many of these cameras also record audio. Usually you have the option to turn it on or off depending on your preference.
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07-19-2013, 01:05 PM
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#26
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Senior Member
Name: Jared
Trailer: 1984 19' scamp
Kansas
Posts: 1,610
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Quote:
Originally Posted by chuyler1
I dunno man. It really sucks that you were found at fault but it sounds like you needed a better lawyer...or a dash cam to show what happened. Did these eye witnesses show up for your court date? Was the officer who responded to the accident there in court also? A quick accident reconstruction showing you in the left lane, cars traveling at same speed in the right lane (probably blocking her view of you), and then her cutting across and stopping in your lane, could have easily convinced a judge who was at fault.
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The three witnesses had businesses to run. I had signed, sealed letters from each of them, and they provided phone numbers.
She opened one, glanced at it, and handed them all back. The officer wasn't there.
In the other case, I had a signed, sealed statement from the person I hit. It wasn't even opened.
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07-19-2013, 01:23 PM
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#27
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Moderator
Trailer: 2009 19 ft Escape / 2009 Honda Pilot
Posts: 6,229
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Quote:
Originally Posted by Jared J
The three witnesses had businesses to run. I had signed, sealed letters from each of them, and they provided phone numbers.
She opened one, glanced at it, and handed them all back. The officer wasn't there.
In the other case, I had a signed, sealed statement from the person I hit. It wasn't even opened.
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I had a similar situation, just not traffic related, where I had sworn affidavits from witnesses who could not show thrown out. If the council from the other side can't reexamine, then they can't be used.
__________________
2017 Escape 5.0 TA
2015 Ford F150 Lariat 3.5L EcoBoost
2009 Escape 19 (previous)
“Most folks are about as happy as they make up their minds to be.” — Abraham Lincoln
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07-19-2013, 01:51 PM
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#28
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Senior Member
Name: Derek
Trailer: 1973 boler 13', Earlton On
Ontario
Posts: 396
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Quote:
Originally Posted by Jim Bennett
I had a similar situation, just not traffic related, where I had sworn affidavits from witnesses who could not show thrown out. If the council from the other side can't reexamine, then they can't be used.
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I think we have found the root of the issue. The witnesses did not attend court. The written statements are not valid. From the Judge's perspective it was your word against hers. In a case like this, you have little hope. Would it have turned out differently with a dash cam? I'd guess yes. You collected the video, so you can be questioned on its authenticity. The video is your electronic witness.
Its tough to get witnesses to show. Traffic court is a big time waster. You blow several hours to get your 5 minutes in front of the judge. If you have a huge insurance premium hike coming your way, its worth taking the time. Otherwise, forget it.
Derek
PS. Are there any Lawyers out there who can verify my interpretation?
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07-19-2013, 01:56 PM
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#29
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Senior Member
Name: Jared
Trailer: 1984 19' scamp
Kansas
Posts: 1,610
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Quote:
Originally Posted by Jim Bennett
I had a similar situation, just not traffic related, where I had sworn affidavits from witnesses who could not show thrown out. If the council from the other side can't reexamine, then they can't be used.
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There is no council. Just you and the judge, that's it.
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07-19-2013, 02:01 PM
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#30
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Senior Member
Name: Jared
Trailer: 1984 19' scamp
Kansas
Posts: 1,610
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Quote:
Originally Posted by glamourpets
I think we have found the root of the issue. The witnesses did not attend court. The written statements are not valid. From the Judge's perspective it was your word against hers. In a case like this, you have little hope. Would it have turned out differently with a dash cam? I'd guess yes. You collected the video, so you can be questioned on its authenticity. The video is your electronic witness.
Its tough to get witnesses to show. Traffic court is a big time waster. You blow several hours to get your 5 minutes in front of the judge. If you have a huge insurance premium hike coming your way, its worth taking the time. Otherwise, forget it.
Derek
PS. Are there any Lawyers out there who can verify my interpretation?
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Written statements are valid, they just didn't care. It was made quite clear, if you hit somebody from behind, you were at fault.
Something similar happened to my mom. She signaled to change lanes, had plenty of room, but when she started, the guy in the other lane floored it to get by her before she moved over. He slid on the ice, slammed into a light pole, which ended up landing on our minivan. There were five of us in the car, plus the county highway department guys in front of their building as witnesses. Again, that was irrelevant, because he had control of the lane. It didn't matter if he floored it and lost control, we were at fault.
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07-19-2013, 02:24 PM
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#31
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Senior Member
Trailer: Escape 17 ft
Posts: 8,317
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I told you it's your fault.
baglo
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07-19-2013, 02:31 PM
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#32
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Moderator
Trailer: 2009 19 ft Escape / 2009 Honda Pilot
Posts: 6,229
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Quote:
Originally Posted by Glenn Baglo
I told you it's your fault.
baglo
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Who gave you the right to go around using my wife's line.
I need a forehead cam to record some of our conversations too, methinks.
__________________
2017 Escape 5.0 TA
2015 Ford F150 Lariat 3.5L EcoBoost
2009 Escape 19 (previous)
“Most folks are about as happy as they make up their minds to be.” — Abraham Lincoln
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07-19-2013, 03:00 PM
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#33
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Senior Member
Name: Dave W
Trailer: Trillium 4500 - 1976, 1978, 1979, 1300 - 1977, and a 1973
Alberta
Posts: 6,926
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Quote:
Originally Posted by Jim Bennett
Who gave you the right to go around using my wife's line.
I need a forehead cam to record some of our conversations too, methinks.
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If you think the judge was tough......
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07-19-2013, 03:17 PM
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#34
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Senior Member
Name: Mike
Trailer: 2001 Spirit Deluxe 17" K5NAN
Texas
Posts: 688
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I have a dash cam for over a year now and love it. Never needed the video but bought it after I got rammed by a "hit and run" car and only ONE person of the dozens who saw the accident stopped and told the cop what happened otherwise I think my insurance company would not have believed me. IMO
__________________
Mike
K5NAN
"Miss Adventures"
If you Rest, You Rust
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07-19-2013, 03:37 PM
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#35
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Moderator
Trailer: 2009 19 ft Escape / 2009 Honda Pilot
Posts: 6,229
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Quote:
Originally Posted by David Tilston
If you think the judge was tough......
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No doubt.
__________________
2017 Escape 5.0 TA
2015 Ford F150 Lariat 3.5L EcoBoost
2009 Escape 19 (previous)
“Most folks are about as happy as they make up their minds to be.” — Abraham Lincoln
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07-20-2013, 09:24 AM
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#36
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Senior Member
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I believe the fashion for dashcams in Russia (apart from providing Westerners with a monthly dose of feeling-superior videos...) is not just because of civil liability but also to protect the driver from the possible actions of the traffic police who were inclined to find wealthy drivers responsible for various crimes that payment of an "on the spot fine" would wipe away......
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07-22-2013, 09:50 AM
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#37
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Senior Member
Name: Conrad
Trailer: Bigfoot 3000 & Barth "slide-in" truck camper
Connecticut
Posts: 958
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Quote:
Originally Posted by chuyler1
I dunno man. It really sucks that you were found at fault but it sounds like you needed a better lawyer...or a dash cam to show what happened. Did these eye witnesses show up for your court date? Was the officer who responded to the accident there in court also? A quick accident reconstruction showing you in the left lane, cars traveling at same speed in the right lane (probably blocking her view of you), and then her cutting across and stopping in your lane, could have easily convinced a judge who was at fault.
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If found at fault he could ask for a jury trial and the video would win it there.
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07-22-2013, 10:09 AM
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#38
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Senior Member
Trailer: Escape 17 ft
Posts: 8,317
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Quote:
Originally Posted by Night Sailor
If found at fault he could ask for a jury trial and the video would win it there.
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And, if he loses, get charged with court costs, not insignificant, and have to pay cost of his lawyer and the other guy's lawyer, and damages.
Assuming he has insurance, that's a considerable risk, for a small prize.
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07-22-2013, 01:50 PM
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#39
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Senior Member
Name: Dave W
Trailer: Trillium 4500 - 1976, 1978, 1979, 1300 - 1977, and a 1973
Alberta
Posts: 6,926
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In court, everyone looses.
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