Scratch Posted September 20, 2007 Share Posted September 20, 2007 As some of you may recall where I live...{enter Andrew Dice Clay voice here: conincidently, I'm standing in front of my house, minding my own biusness} and I see my neighbor come home in his work van. He swings to the middle left side of the residential side street to pull in along-side of his house...I then hear tires skidding Some gal in her mini-van, hauling azz locks it up, she was going to pass this guy on the right, she loses it somewhat and clips the right-front of his work van. He stops in place, she gets up on the sidewalk and then straightens out and stops, nobody is injured.Who gets the ticket? Not a trick question. Link to comment Share on other sites More sharing options...
Eddie44 Posted September 20, 2007 Share Posted September 20, 2007 As some of you may recall where I live...{enter Andrew Dice Clay voice here: conincidently, I'm standing in front of my house, minding my own biusness} and I see my neighbor come home in his work van. He swings to the middle left side of the residential side street to pull in along-side of his house...I then hear tires skidding Some gal in her mini-van, hauling azz locks it up, she was going to pass this guy on the right, she loses it somewhat and clips the right-front of his work van. He stops in place, she gets up on the sidewalk and then straightens out and stops, nobody is injured.Who gets the ticket? Not a trick question. I'd probably have cited both of them. Your neighbor for improper position for a rt turn and her for failure to control vehicle so as to avoid an accident since she was approaching from the rear. Insurance Companies hate it when you cite both drivers. They want the cops to make the decisions on liability. Not a trick answer! :D Link to comment Share on other sites More sharing options...
Ted Y Posted September 20, 2007 Share Posted September 20, 2007 One of my many hats is a Patrol Accident Investigator which means in addition to the accident training in the academy I passed a 40 investigator school. The guy in the van was driving left of the center of the road (marked or unmarked center line does not matter) in order to park in the front of his house. The approaching minivan sees this too late and locks the brakes and actually clips the right side (passenger side) of the work van. Both vehicles were still moving right? Is the road curved or straight?With no other info, I'd say the work van was the cause of the accident by committing the first violation which contributed to the accident. Regardless of the minivan's speed, the work van is not supposed to drive on the wrong side of the road for exactly this reason. Unless there is other information to consider, I would label the work van as vehcle 1 (most responsible) on the form and cite him for driving left of center. Then I would look at the minivan and see if there were measureable skid marks to calculate minimum speed. If she is going really fast, I could cite her for speeding as a contributing factor. The other factor is if the road is curved and the minivan's speed made it impossible for the work van driver to see her coming to avoid her, I may place the minivan as Vehicle 1, but both would still get the moving violations in paragraph 2.My two cents. Of course I would still have to interview the drivers and you as a witness and then look at the evidence like skid and damage.EDIT: Eddie interpreted it as the work van veering left to make a right turn into a driveway and the minivan coming from behind. I interpreted your statment as the work van pulling left to park along the curb and the minivan coming the opposite direction... Interesting. Link to comment Share on other sites More sharing options...
Scratch Posted September 20, 2007 Author Share Posted September 20, 2007 The street is straight.he veered to the center-left of the road to be able to pull in straight, alongside a small fence, on the side of his house. With his right blinker signaling the right turn. Link to comment Share on other sites More sharing options...
jstrutt Posted September 20, 2007 Share Posted September 20, 2007 Both, guilty Link to comment Share on other sites More sharing options...
Robert and Elizabeth Posted September 20, 2007 Share Posted September 20, 2007 Link to comment Share on other sites More sharing options...
az57chevy Posted September 21, 2007 Share Posted September 21, 2007 You shouldn't drive left of center (unless legally passing) so if te van went to the left he gets a ticket.If he stayed on his side of the road she passed on the right unsafely.Depending on the debris and skid marks (if any) it might be rough to prove the van left of center!! Link to comment Share on other sites More sharing options...
Desertdawg Posted September 21, 2007 Share Posted September 21, 2007 The girl in the minivan gets the ticket.....well......because we all know women can't drive!!!!! Link to comment Share on other sites More sharing options...
Scratch Posted September 21, 2007 Author Share Posted September 21, 2007 OK, since many feel the guy that veered to the left should be cited, what if the guy veered left to avoid a ball and a small child that ran into the street? Probably out of view of the mini-van driver...she has the right to still come flying by on the right? This guy was really not on the left side of the road, left center at best, his right front was about seven feet from the curb...She was out of control Link to comment Share on other sites More sharing options...
Eddie44 Posted September 21, 2007 Share Posted September 21, 2007 It sounds like maybe the cop should have looked into her speed a little further but the guy left of center was still wrong. I don't know if the other LE folks here will agree but alot of officers hate accident investigation and will take the easy out citing the first violation they see and ignoring the rest. Link to comment Share on other sites More sharing options...
Bob Posted September 21, 2007 Share Posted September 21, 2007 The lady in the mini van should be cited.....license revoked.....punched in the face.....shot....beaten. :D Work Van Dude had his signal on. When is it "okay" to pass a vehicle on the right.....in a residential area.....at a rate of speed probably greater than posted? I can almost envision the whole scenario, I'll bet Work Van Dude wasn't even completely in the left lane and she was SOOOO impatient she squeezed through as soon as she saw a little daylight (Karnac the Magnificent)I'm super-sensitive to this because speeding and moves like the lady in the mini van made are a problem in my otherwise quiet Gilbert neighborhood. Also - I used to commute on my bicycle to work three days a week. When I started I thought to myself, "I better watch out for certain groups, like construction workers, sports cars, etc.". F-That!! You see a lady in a mini-van coming out of a residential neighborhood PROCEED WITH EXTREME CAUTION, I had them make eye contact with me and turn RIGHT in front of me. Almost like they're saying to themselves "He'll stop...or he'll get hurt". All this so they can get the kiddies to swim class 10-minutes early or go drop a C-Note at Wal-Mart??Rant off.....ahhhhhhhh. Link to comment Share on other sites More sharing options...
Guest Kens06 Posted September 21, 2007 Share Posted September 21, 2007 The lady in the mini van should be cited.....license revoked.....punched in the face.....shot....beaten. :D Work Van Dude had his signal on. When is it "okay" to pass a vehicle on the right.....in a residential area.....at a rate of speed probably greater than posted? I can almost envision the whole scenario, I'll bet Work Van Dude wasn't even completely in the left lane and she was SOOOO impatient she squeezed through as soon as she saw a little daylight (Karnac the Magnificent)I'm super-sensitive to this because speeding and moves like the lady in the mini van made are a problem in my otherwise quiet Gilbert neighborhood. Also - I used to commute on my bicycle to work three days a week. When I started I thought to myself, "I better watch out for certain groups, like construction workers, sports cars, etc.". F-That!! You see a lady in a mini-van coming out of a residential neighborhood PROCEED WITH EXTREME CAUTION, I had them make eye contact with me and turn RIGHT in front of me. Almost like they're saying to themselves "He'll stop...or he'll get hurt". All this so they can get the kiddies to swim class 10-minutes early or go drop a C-Note at Wal-Mart??Rant off.....ahhhhhhhh.Damn Bob,We've never met but I like you already!!She was probably late for a hair appointment and talking on the F'n phone!!BUT, if someone else had pulled the same stupid stunt as she watched from her front yard, I'd love to see/hear that interview/911 tape!!He must need a BIG sign on the back of the work truck, "I make wide right turns, Don't be stupid!!"Semi's get away with it all the time...............Ken Link to comment Share on other sites More sharing options...
Bob Posted September 22, 2007 Share Posted September 22, 2007 There's probably a beer in our future Ken? What part of Giblet you live in? I'm right behind the new police station and the speeding through my nieghborhood is TERRIBLE. Many times it's the LEO's and they heading towards the station?????I've ranted to GPD on numerous occasions. Next step, speed hump initiative. If that doesn't work, claymores!!! I'm no granny on the public streets but NEVER in a neighborhood. I guess I choose the laws I think are okay to break, and DAMIT everyone else should do the same........ Man, I am on a roll tonight....... Link to comment Share on other sites More sharing options...
Eddie44 Posted September 22, 2007 Share Posted September 22, 2007 How many beers have you had? You're sounding more like Ken everyday Bob Link to comment Share on other sites More sharing options...
jstrutt Posted September 22, 2007 Share Posted September 22, 2007 Off Topic but looking at your sig pic does this bring back memories Eddie? Link to comment Share on other sites More sharing options...
Eddie44 Posted September 22, 2007 Share Posted September 22, 2007 Link to comment Share on other sites More sharing options...
Bob Posted September 22, 2007 Share Posted September 22, 2007 How many beers have you had? You're sounding more like Ken everyday Bob Only one Eddie, then a glass of wine with the wife while we watched a movie, I think I'm just a little curmudgeonly......been grouchy AAALLLLL week?? When ya meet me I'm a really nice guy. Right of Mussolini in my political views, but a nice guy!Off to climb Camelback Mtn. Enjoy the weather toDAY everyone......... Link to comment Share on other sites More sharing options...
Ted Y Posted September 23, 2007 Share Posted September 23, 2007 If it were me, they probably both get cited and will end up sharing responsibility. That's up to the insurance companies, but they both had moving violations.If you drive left of center to avoid a child or other obstruction, that's forgiveable, but the responsibility for the wreck falls onto the child (parents) or cause of the obstruction. If it's a pile of debris on the road or stationary obstruction, you're expected drive in a manner to see it in time without having to take evasive action that unsafely puts you into harm's way.Just my thoughts. As you can see, every officer will see things slightly differently. There's no perfect person or officer or answer. Link to comment Share on other sites More sharing options...
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