Who's at fault here?

Hows that grill look now. I salute the trucker even if he's wrong technical. Bet she thinks about her rude driving habits or not.

 

That does not negate the fact that he was the last one who could have taken a reasonable action to avoid it. That is the core of Last Clear Chance.

Yes her action initiated it, bit his inaction allowed it to happen. He, his company and their Insurer will be found liable in any law suit.

Again, Last Clear Chance has been recognized and upheld for over 100 years, there is plenty of case law to support it.

 

I understand what you are saying, but she had the last chance to avoid. When she merged into him, he moved to the left to avoid collision. Instead of returning to her lane, which would be the last chance to avoid the accident, she pushed ahead with the unsafe merge.

The legal question becomes was his moving to the left legally sufficient to satisfy the last chance doctrine?

 

Lol

 

No she didn't have the last chance, she initiated the incident, no question about that, and I am sure she got a ticket, but tort law is about liability and that is where this falls under, after the Driver started into the lane, was there a reasonable action that the driver could have taken that would have avoided the accident? If the answer is yes, and we both know it is, he is liable. Yes she caused it, but he could have avoided it. Add to that the distractive activity he was engaged in, (phone call) and its a pretty text book case. His own video would he his downfall.

 

I know a man... he walked and drove on the moon.

Not all men, or phone calls for that matter... are equal.

 

but rush hour traffic on the moon, is manageable since no more moonies were around.

 

He... the man from the moon, tells me... your exaggerating.

 

the man in the moon, is a gigantor cheesehead.

 

It's obvious that the trucker was at fault. He,she had plenty of time to decelerate. Was the 4 wheeler right to do what they did, no, not at all. you can see in the video the truck driver accelerating so thus they caused the crash. Just the title alone should be clear. I'm a truck driver , have been for 24 years now, had this happen thousands of times, never hit anyone cause I swallowed my pride and just backed out of it. Shame on the truck driver.