oppinion please

[dirtwarrior]

Does the narrative below describe the video above?

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[HoosierDaddy]

Narrative seems to be accurate. But more to it than that.

Were you distracted? It doesn't look like you hit the brakes as soon as you saw he was going.

What are the laws there? One party fault or proportional? To blame if you could avoid even if in the right? Your video should place some (maybe all) blame on other driver.

 

[dirtwarrior]

In the narrative driver says he was going straight which in fact he made a right turn in front of me on a red light without yeilding.

 

[dirtwarrior]

I guess what I am asking if it matters he was turning when he told the police he was going straight?

 

[compprep]

He lied obviously. You rearended someone. IMHO if you rear end someone, you're at fault, even if he ran the red without a full stop.

 

[HoosierDaddy]

I guess what I am asking if it matters he was turning when he told the police he was going straight?

First, while probably irrelevant, did he say he did not make a turn before going straight? He was going straight when you hit him.

Without evidence to say otherwise and probably with evidence to support he was going straight (impact locations), the LEOs probably ignore unverifiable conflicting self-serving statements for assessing blame but should document them.

I asked if responsibility can be put on any person that could have avoided an accident. It can in some jurisdictions. If so, your video may or not help you in court. I can see a court concluding you could have braked sooner and avoided the impact. If NOT the case, your video should definitely help you in court or with insurance.

Depending on the laws there and if your video is presented, I can see you getting no, partial or total blame.

Do not destroy the video, regardless. If you decide to not present it for some reason and the other party makes any claim against you, a judge would (and tell a jury to) conclude failure to preserve the video meant it would have benefitted the other party's case. Even if you didn't mention to the LEO or other party that you have dash cam, a decent lawyer would ask.

 

[robvas]

He lied obviously. You rearended someone. IMHO if you rear end someone, you're at fault, even if he ran the red without a full stop.

Camera car had the right of way. I'd call a lawyer in that state and see what the rule is.

(random example from internet)

Driver Does Not Stop or Yield

If you are driving straight toward an intersection and have a green light, and another vehicle hits you after making a right turn without stopping or yielding the right of way, that driver could be found negligent and liable for the accident. Vehicles that are already on the roadway have the right of way, unless they have a stop sign, traffic light, or traffic signal that tells them to stop.

Even in the case of a speeding oncoming car, motorists should yield before making a right on red turn. A motorist may be found liable if they attempt to merge without accounting for the necessary time and space to do so.

 

[dirtwarrior]

rob my thinking is the same as yours

 

[Balr14]

You didn't show the officer your video?

 

[dirtwarrior]

I took the video to the police station told the cop he said he did not care

 

[key01]

Seems you had time to slow down when he pulled the super merge on you. You rear ended him. In my state it’s your fault. He had already completed the turn and was indeed headed straight down the road.

 

[dirtwarrior]

He slowed like he was going to yield then when I got close he pulled out quickly. If you look at my car it dipped when I put on the brakes.

 

[HoosierDaddy]

He slowed like he was going to yield then when I got close he pulled out quickly. If you look at my car it dipped when I put on the brakes.

Is the video yours?

Were you cited and if so, for what?

Is the date right (March of 2024)?

 

[dirtwarrior]

Is the video yours?

Were you cited and if so, for what?

Is the date right (March of 2024)?

The video is mine. Yes, March 2024. I hadf an attorney working on it. His insurance sdays they were going to pay me. Instead what thewy were doing is waiting for the 1 year statute of limitations to expire and I would get nothing. Upon advice from my attorney I filed small claims. The bad part I have to pay repairs myself first then hope to ge my money back.

 

[dirtwarrior]

First, while probably irrelevant, did he say he did not make a turn before going straight? He was going straight when you hit him.

Without evidence to say otherwise and probably with evidence to support he was going straight (impact locations), the LEOs probably ignore unverifiable conflicting self-serving statements for assessing blame but should document them.

I asked if responsibility can be put on any person that could have avoided an accident. It can in some jurisdictions. If so, your video may or not help you in court. I can see a court concluding you could have braked sooner and avoided the impact. If NOT the case, your video should definitely help you in court or with insurance.

Depending on the laws there and if your video is presented, I can see you getting no, partial or total blame.

Do not destroy the video, regardless. If you decide to not present it for some reason and the other party makes any claim against you, a judge would (and tell a jury to) conclude failure to preserve the video meant it would have benefitted the other party's case. Even if you didn't mention to the LEO or other party that you have dash cam, a decent lawyer would ask.

He told the traffic cop he was going straight as I was. He made no mention of him turning from a side street when he had the red light.

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