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Help understand a police report....

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  • Help understand a police report....

    I am going to give as many details from the police report as possible. I need opinions on who you think is at fault and a quick explanation so I can understand please. Here goes, thanks for your help



    36 Contributing Factors (Investigator's Opinion)
    1 53
    2
    UNIT # 2 WAS TRAVELING WEST BOUND IN THE 9100
    BLK OF WILL CLAYTON IN THE SECOND LANE. UNIT #
    1 WAS TRAVELING BEHIND UNIT # 2. UNIT # 2
    BEGAN TO MERGE TO THE RIGHT INTO A THIRD RIGHT
    TURN ONLY WEST BOUND LANE. DUE TO BACKED UP
    TRAFFIC UNIT # 2 CAME TO A STOP PARTIALLY
    BETWEEN LANES TWO AND THREE. UNIT # 1
    ATTEMPTED TO TRAVEL LEFT OF AND PASS UNIT # 2
    BUT DID NOT HAVE SUFFICIENT CLEARANCE. UNIT #
    1 THEN STRUCK UNIT # 2 FR TO BL.
    * * E N D * *

  • #2
    Car 2 was half in a lane and half out. Car 1 tried to go around and didn't have enough room so they side swiped car 2.

    Police officers don't assign fault. But if I had to guess what an insurance company would do. I imagine they would spank the driver of car 1.

    Comment


    • #3
      thanks, I am getting another story saying car 2 was 75% at fault and car #1 was only 25%. It is good to hear others opinions though

      Comment


      • #4
        Well, unit 2 had improper lane use. Unit 1 could have been following too close and attempted to pass unit 2 to avoid it.

        Comment


        • #5
          Improper lane usage, and improper passing...both 50% each.
          It's not the will to win that matters...everyone has that. It's the will to prepare to win that matters.
          Paul "Bear" Bryant

          Comment


          • #6
            Unit 2 had stopped. Unit 1 the moving vehicle was at fault.
            Today's Quote:

            "The difference between stupidity and genius is that genius has its limits."
            Albert Einstein

            Comment


            • #7
              Veh one would get the ticket for failing to control his speed to avoid an accident

              Comment


              • #8
                We don't care about civil liability for damages...That's not our job; that's the insurance company's job!!!

                We don't place who is at fault; we report the facts based on our investigation of the accident and we write for traffic code violations; or not!!

                I really enjoy it when you do not write a summons and the insurance company has to do its' job and determine liability.
                "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

                "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

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                • #9
                  Mdrdep....how do you figure unit 2 had nothing to do with this crash. You cant stop a vehicle any ol place.

                  Comment


                  • #10
                    Also in some states (the two I have worked in) officers DO assign fault for traffic collisions.

                    Comment


                    • #11
                      No you can't stop a vehicle anywhere you want, however since it is now a stationary object it is the responsibility of the driver moving a vehicle to do so with due regard for all objects in and around the roadway. The insurance company would however take it as a point in mitigation.
                      Today's Quote:

                      "The difference between stupidity and genius is that genius has its limits."
                      Albert Einstein

                      Comment


                      • #12
                        Originally posted by grumpyirishman View Post
                        I really enjoy it when you do not write a summons and the insurance company has to do its' job and determine liability.
                        If your investigation reveals that a traffic infraction occurred, you should write a ticket/summons. Probably most of the insurance companies use a ticket as a means of determining fault. Their reasoning is that if the officer did not write a ticket, then the officer's investigation must have revealed that no traffic violations occurred and therefore Unit #1 was not at fault. This is their justification for not paying out to Unit #2's insurance company. Driver of Unit #2 is now screwed.

                        Obviously if you don't see any obvious traffic violations then you can't write a ticket. Maybe that's what you were referring to. However, I can only think of one collision where I didn't write a ticket and that's because the facts were so disputed. There have been many where I have cited both drivers for obvious traffic violations and then at that point your original point stands--it will be up to the insurance companies to determine which violations most contributed to the collision.
                        Last edited by LPSS; 05-09-2011, 10:37 AM.
                        "Screw that. We can make bullets faster than they can make terrorists. Kill them all. Every last one." -Interceptor

                        Comment


                        • #13
                          LPSS...Ah "grasshopper"...

                          I truly loved being preached to by the young'uns....

                          As a matter of practice, if these drivers had a crash that forced me to investigate and write a report; SOMEONE was getting a ticket....


                          But its great that all that was up to my discretion.....


                          AGAIN...I look for violations; CIVIL LIABILITY is entirely up to the insurance company !~!
                          I could care less if it made the insurance company's process more difficult or easier; I don't work for them.
                          Last edited by grumpyirishman; 05-09-2011, 11:36 AM.
                          "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

                          "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

                          Comment


                          • #14
                            In CA V#2 would be at fault for a failure to pass safely.

                            Drivers do not have control of stop and go traffic. V#1 changed lanes and had to stop prematurely, the driver of V#2 should have either: 1/ STOPPED; or, 2/ made certain that s/he had sufficient space to pass. If not, the driver of V#1 cannot be blamed for the actions of V#2.

                            The following driver - #2 - has the responsibility to assure that all movement made by him/her are made in a safe and lawful manner.
                            Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                            [George Washington (1732 - 1799)]

                            Comment


                            • #15
                              Originally posted by grumpyirishman View Post
                              As a matter of practice, if these drivers had a crash that forced me to investigate and write a report; SOMEONE was getting a ticket....
                              Its like when you wreck on duty: "you wrecked a car, heres a letter and day"
                              I make my living on Irish welfare.

                              Comment

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