Posted by MF Poor on November 29, 2010 at 05:24:08 from (72.4.0.230):
In Reply to: Accident question posted by John S-B on November 28, 2010 at 08:08:30:
With a few phone calls, I'd bet you could get a dozen lawyers with a dozen different points of view. And you notice how many conflicting opinions you have here. With that said, only ONE opinion would matter, that being the opinion of a judge (or jury). Even with well defined laws, it's all in how the court INTERPRETS that law.
But, just for arguments sake, I've been involved in a wreck where someone hauling a mobile home made a turn, swung the rear end of the trailer into another lane as he was turning, and forced a car into my lane, where my truck was struck. (Sideswiped my truck, breaking side mirror and doing slight damage to rear quarter panel) The mobile home hauler was "legal" (had escort vehicle, lights, signs, ect) The vehicle that hit my truck was obviously across the center line when he hit me. HOWEVER....the judge decided it was an "unavoidable accident due to unusual conditions" (whatever that means) , not the fault of any driver involved. My insurance covered my truck, other drivers insurance covered his, mobile home hauler was excused from ALL liability.
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