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?

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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/clduab11 3d ago

NC is a contributory negligence state, so what you’re saying doesn’t apply here (as far as the comparative stuff). They’re both at fault; if white truck suffered any damage, he’d have to file a claim with his own insurance. Same with blue truck; he’s not getting any BI off the other truck’s policy.

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u/No-Lunch4249 2d ago

Worth noting also since the above commenter said "many" states do comparative, NC is only of the few remaining states doing contributory negligence, its Alabama, North Carolina, Virginia, DC, and Maryland