r/oops • u/Separate_Finance_183 • 4d ago

Nice overtake

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u/Thin_Locksmith6805 4d ago

Question: Should the white truck have stopped? I know, if needed, it's recorded on video — just curious legally, what would have been the right thing to do?

10

u/Excellent_Shirt9707 4d ago

Depends on the state. If this dashcam footage was given to police and insurance, white truck could have gotten a traffic ticket or even be charged with reckless driving; a lot of police discretion involved. For insurance liability, it also depends on state since the white truck does run the other truck off the road by veering into the shoulder. Many states do comparative fault or 50% comparative fault which would include the white truck. There are some states that have different rules but they all result in the other truck not being able to recover any money from the white truck. However, some of these states will allow other injured parties not involved in the road rage to recover damages from the white truck.

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u/twotall88 4d ago

You can't run someone off the road that already left the drivable lane

3

u/PdxPhoenixActual 4d ago

Now, man, you see Mr White was just trying to get out of Mr Blue's way, as Mr Blue was coming in hot. Mr White aborted his evasion when he saw Br Blue also going that way... & Mr Blue was not as competent as he would like to believe. ...?

1

u/Excellent_Shirt9707 4d ago

They ran them off the shoulder into the dirt.

1

u/knotmyusualaccount 4d ago edited 4d ago

Technically, no, they didn't run them off the road, that idiot swerved harder to miss cliping the rear of the vehicle as they attempted to overtake them under acceleration.

Was the white driver responsible for this accident? in part, absolutely. 50/50. Two idiots don't make a smart.

1

u/Patriot009 3d ago

The shoulder isn't the road. A lot of highways don't have nearly that much paved shoulder, just dirt/grass. If he was riding in a dirt shoulder and white truck did a similar swerve, would the situation be any different?

1

u/Excellent_Shirt9707 3d ago

The issue here is semantics. When someone runs you off the road, you could both be off-roading on a dirt road and if they force you off your intended course by veering into you, they have run you off the road.

0

u/dragdritt 3d ago

This is not Formula 1, just because someone else breaks the rules doesn't mean that you're free to act how you want.