Settle my debate...

[Radarjunkie]

In a debate concerning the following vehicle crash scenario...
Vehicle 1(V1) is traveling North on a two lane highway and is preparing to make a left turn at an intersection. Vehicle 2(V2) is traveling right behind V1 and is stopping as well. Vehicle 3(V3) is coming up on the stopping vehicles and proceeds to pass on the left, note:No traffic in the oncoming lane(Southbound) and is a lawful passing zone. As V3 is passing V2 and V1, V1 strikes V3 on the rear passenger door area resulting in V3 sharply turning right,(Perfect PIT) and rolling a few times.

Question is, who would you cite... V1 or V3... This is in Florida so I'll quote a statute for reference...

V1 for the following:
F.S.S. 316.122
Abstract: 316.122 Vehicle turning left. --The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as ...

V3 for the following:
316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

Thanks

[mdrdep]

Don't know about Florida. In Cali the passing vehicle would get cited as you are not allowed to pass (drive left of center) at an intersection.

[StudChris]

Well... V1 is ALWAYS the at fault vehicle for most of us, so I would cite V1. With that said, my V1 is your V3. Based only on what you're telling us and not being there, I would cite your V3 for careless driving. Yes, you may pass on the left, but only if it is safe to do so. Just because your V1 hit you V3, doesn't mean he's the one at fault. The good thing about V3 rolling is that before rolling comes skid marks... which will be used to determine speed. Unless V3 is something very skinny with a high center of gravity, they're going to have to be going pretty quick (aka not driving in a careful and prudent manner while passing) in order to roll several times.

More than likely, if your V3 rolled several times, there is probably enough serious bodily injury to have a THI team. Their report will be much more detailed with all types of fun little numbers and laser mapping points.

Like I said, this is just based on what you're giving. If things were a little different, such as your V1 stopped but was not turning for some reason, your V3 stopped, checked out the situation, determined that your V1 was stopped in the middle of the road for no reason, then slowly proceeded, at which point your V1 turned and struck your V3, there would definitely be no rolling and V1 would probably be found at fault.

No matter what the outcome is, Veh 2 should count their blessings.

[StudChris]

Oh, I forgot the most important thing. If the debate is with your Sgt, he wins.

[Radarjunkie]

I know he wins, I'm the Sergeant....

[StudChris]

I know he wins, I'm the Sergeant....

Heh nice.

[just joe]

You can't do that here. Do the report and not cite claiming that you are unable to determine fault due to conflicting information.

[DACP]

You cite no one, you use your skills and knowledge obtained over the years and convince all parties that they just need to exchange insurance information and that is that.

[Delta_V]

What's the speed limit on the roadway and which vehicles were involved? In order for such an impact to cause most vehicles to roll over "a few times," it would have to be going at interstate highway speeds--most likely in excess of them. This is especially true when you consider that the striking vehicle wasn't really going that fast at the time of impact.

If the passing vehicle was going well in excess of the posted speed limit, he gives up his right of way, which he otherwise would have had.

[Nobody]

http://www.cnn.com/2009/WORLD/asiapcf/10/08/pacific.earthquakes/index.html

[crass cop]

What he said.....BUT I would cite your V3

[deputynok]

In OK its your v3

[Bully]

Which vehicle has the most lug nuts? He always has the right of way.

[mikeymedic]

You cite no one, you use your skills and knowledge obtained over the years and convince all parties that they just need to exchange insurance information and that is that.

LOL, I think of that every TA I go on..."are you sure this isn't private property?"

TO the OP, V3 here in Colorado.

[nonickname69]

V3 for passing in an intersection and for being a complete idiot for trying to pass a car that was obviously turning left.