Who's at fault?

Traffic pulling out has to yield to vehicles they car see.

of it’s a blind curve or the traffic is traveling too fast , then it’s not as clear who is at fault .
If you’re driving so fast that you can’t stop when you crest a hill or round a curve and the road is blocked , then you’re driving too fast .

 

Like I've said. I think they both caused it. But I've been in it and got the ticket. I was pulling out. Didn't see the speeding car. Before it crested the hill and T-boned me. Since it was a he said she said and she didn't admit to speeding. I was cited at fault.

So respectfully. While they both did bonehead things. Per LEO. They will cite failure to yield all day long. Unless the other person fesses up.

Legally they both broke the law.

 

My brother was driving a Pontiac once and hit a dump truck that broken down and sitting in the road .
The cops wrote the stalled truck driver a ticket for parking in a roadway , a non moving violation with no points , then turned and wrote the same to my brother , who protested , and the cops turned around, pointed to his Pontiac and asked “isnt that your car that’s parked in the road? , sign here “

they both protested to the cop , who held up the ticket book and asked if they both wanted moving violations , because since he felt the accident was equally the fault of both drivers , they would both get the same ticket .

 

But the driver didn't run into something stationary. He ran into a dump truck pulling out of a driveway, not a tree. This exact situation is why construction companies put up signs and message boards stating "trucks entering/exiting highway" and "Caution, Trucks Turning". Those signs relieve responsibility on the construction vehicle and place it solely on the general public. If any of those signs were up, then Driver A would be solely responsible for the accident since he was warned about a potential hazard before he crested the hill.

The dump truck driver certainly could have a spotter over the hill. Whether it is a swamper provided by the trucking company or a flagger from the construction comapany. And the dump truck driver technically could have a lawsuit against the construction company (if there was one) for not creating a safe entrance/exit for the trucks.

You said that already. It still doesn't negate the fact that you're an idiot if you admit fault at the scene of an accident.

 

But again it's an example of both being fully in the lane of travel. Like the stopped school bus or garbage truck. Your brother rear-ended them. No different than if he hit someone stopped at a red light. So your brother got off lucky.

 

Find the statutes that support your views, otherwise this is pointless to debate. At least both drivers in this instance have a grasp on personal responsibility. Driver A admits they could have slowed it down a bit, and both drivers were honest about what happened. People act like they're going to lose a race sponsor if they have to slow down a few MPH every now and then.

 

Seatbelts keep you, mostly, from going forwards. Not sideways. With a hard impact on the driver's side. It's easy for his head to hit the door. While wearing a seatbelt.