Author Topic: How should this play out? (Read 4789 times)

CrAz3D · « **on:** January 31, 2008, 10:22:10 pm »

Ted parked car A facing the wrong direction on the street.

Ted and Jim just returned from some where. Jim is about to exit the car but checks first to make sure that the street is clear.

A speeding and inattentive driver, Sam, comes down the road hitting car A and injuring Jim.

Who is responsible and why?

iago · « **Reply #1 on:** January 31, 2008, 10:25:45 pm »

Tough to say.

I think that one of the reasons it's illegal to park the wrong way is safety, so it might be considered both their faults.

Of course, when somebody is injured, who to blame should be the last thing on people's minds, they should be more concerned with how to make sure it doesn't happen again. But I guess I live in an ideal world.

BigAznDaddy · « **Reply #2 on:** January 31, 2008, 10:26:55 pm »

both. ted shouldn't have parked on the wrong side of the street and the sam if not under the influence was probably surprised by the car on the wrong side of the road. , but also sam was speeding down a residential area and potentially endangering children playing on the streets. and on residential streets or any other street people have right of way.

SNiFFeR · « **Reply #3 on:** January 31, 2008, 10:36:22 pm »

Pretty sure Sam is responsible because Sam must watch for pedestrians who always have the right of way.

CrAz3D · « **Reply #4 on:** January 31, 2008, 10:37:31 pm »

My position is similar to Sniffer.

If it weren't for Sam not paying attention, there would be NO injury at all (given that Jim made sure there were no cars coming). Sam's fault 100%

Just for consideration and to support me, granted they aren't necessarily lawyers.

http://forum.freeadvice.com/showthread.php?t=269080
http://forum.freeadvice.com/showthread.php?referrerid=246160&t=354444

It talks about the same thing, though, hitting a parked car.

iago · « **Reply #5 on:** January 31, 2008, 10:40:19 pm »

But why's it actually matter whose fault it is? Why can't they share the blame since they both fucked up and caused somebody to get hurt?

CrAz3D · « **Reply #6 on:** January 31, 2008, 10:49:06 pm »

As a matter of who pays for the damages, it definitely matters.

Without the negligent driver driving poorly, the collision wouldn't happen, yeah?

Hitmen · « **Reply #7 on:** January 31, 2008, 10:54:12 pm »

Quote from: CrAz3D on January 31, 2008, 10:49:06 pm

As a matter of who pays for the damages, it definitely matters.

Without the negligent driver driving poorly, the collision wouldn't happen, yeah?

Without the guy parked illegally it wouldn't have happened either. What is your point?

CrAz3D · « **Reply #8 on:** January 31, 2008, 10:58:49 pm »

It might have. Just flip the car around and put in place the same variables. A driver clips the side of the car that is facing the right way and then that guy hits nailed ... no matter which way the car faces someone will be hurt because the moving vehicle's driver wasnt paying attention

BigAznDaddy · « **Reply #9 on:** January 31, 2008, 11:03:51 pm »

Quote from: CrAz3D on January 31, 2008, 10:58:49 pm

It might have. Just flip the car around and put in place the same variables. A driver clips the side of the car that is facing the right way and then that guy hits nailed ... no matter which way the car faces someone will be hurt because the moving vehicle's driver wasnt paying attention

it would matter. when parked on the wrong side of the road you open up a door it looks as if it is part of the car because it flows with the exterior . when you are on the right side of the road and you open up the door you see the interior of the car door so people tend to slow down

CrAz3D · « **Reply #10 on:** January 31, 2008, 11:05:10 pm »

An open door is an open door ... if you hit a parked car you weren't paying attention as a reasonable person should have been

BigAznDaddy · « **Reply #11 on:** January 31, 2008, 11:08:13 pm »

Quote from: CrAz3D on January 31, 2008, 11:05:10 pm

An open door is an open door ... if you hit a parked car you weren't paying attention as a reasonable person should have been

well all i am doing is offering my opinion on this matter and reasons why this happened so dont get mad at me... and instead of being one sided just listen to the other side of the argument.

CrAz3D · « **Reply #12 on:** January 31, 2008, 11:35:26 pm »

I'm not being upset, I'm disagreeing.

An open door is an open door and a driver not paying good attention might hit

leet_muffin · « **Reply #13 on:** January 31, 2008, 11:36:17 pm »

Tom Cruise: Because he's a Scientologist.

CrAz3D · « **Reply #14 on:** January 31, 2008, 11:49:58 pm »

Quote from: leet_muffin on January 31, 2008, 11:36:17 pm

Tom Cruise: Because he's a Scientologist.

rabbit · « **Reply #15 on:** February 01, 2008, 08:15:24 am »

Quote from: iago on January 31, 2008, 10:25:45 pm

Of course, when somebody is injured, who to blame should be the last thing on people's minds, they should be more concerned with how to make sure it doesn't happen again. But I guess I live in an ideal world.

In America, we need to know who to blame and how many significant figures can be obtained before anything else!

iago · « **Reply #16 on:** February 01, 2008, 09:23:51 am »

Quote from: CrAz3D on January 31, 2008, 11:35:26 pm

I'm not being upset, I'm disagreeing.

An open door is an open door and a driver not paying good attention might hit

Well, an open door when a car is facing you often has reflectors and is usually an obvious colour (both for safety). When the car is facing away, it's often a dark colour and (in daytime) looks like the side of a car. The difference could be slightly confusing to somebody, enough to eat up a second or two of valuable time.

What I'm basically saying is that the safety features built into car doors to prevent this situation don't work when you're pointing backwards, so it's an extra risk.

Quote from: rabbit on February 01, 2008, 08:15:24 am

In America, we need to know who to blame and how many significant figures can be obtained before anything else!

Thank you, that's the answer I was looking for!

CrAz3D · « **Reply #17 on:** February 01, 2008, 09:56:45 am »

Quote from: iago on February 01, 2008, 09:23:51 am

Quote from: CrAz3D on January 31, 2008, 11:35:26 pm
I'm not being upset, I'm disagreeing.

An open door is an open door and a driver not paying good attention might hit
Well, an open door when a car is facing you often has reflectors and is usually an obvious colour (both for safety). When the car is facing away, it's often a dark colour and (in daytime) looks like the side of a car. The difference could be slightly confusing to somebody, enough to eat up a second or two of valuable time.

If it confused the driver and he didn't slow/stop 'til he figured out what was in his way he wasn't driving reasonably then

Chavo · « **Reply #18 on:** February 01, 2008, 11:00:19 am »

Do you slow down or stop every time you see something out of the corner of your eye that isn't 100% what you expect?

iago · « **Reply #19 on:** February 01, 2008, 12:03:53 pm »

When an accident is about to happen, every second counts. A second of confusion could make a difference.

Also, the safety features on the inside of the door is the important part.

CrAz3D · « **Reply #20 on:** February 01, 2008, 01:45:41 pm »

Quote from: iago on February 01, 2008, 12:03:53 pm

When an accident is about to happen, every second counts. A second of confusion could make a difference.

Also, the safety features on the inside of the door is the important part.

My door doesnt have those reflecty things

My 83 jeep did, AND had side lights to show the ground. Ford sucks. But in the day light, you can still see an open door unless you're not paying attention.

At night it might be easier to notice the door inside of a door, but if you're paying attention and the door is already open and the car is facing the wrong way, then you'd STILL be able to see it unless your head lights are off/you're not paying attention

News:

Author Topic: How should this play out? (Read 4789 times)