Unsafe backing? Idaho

Discussion in 'Questions From New Drivers' started by Sunshinegirl, Dec 19, 2019.

  1. Badmon

    Badmon Heavy Load Member

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    Did you happen to have them on at the time?
     
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  3. Sunshinegirl

    Sunshinegirl Bobtail Member

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    I did I also had my hazzards on until I had picked up speed. I even told the officer when I saw that lady coming I could not move fast enough. I was a sitting duck. There is no possible way I could have hit her car with my L arm which is where she hit me.
     
  4. Moose1958

    Moose1958 Road Train Member

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    To be clear, this is not an absolute. The first problem the OP has is they were not actively assisting a vehicle and there was NO emergency because at the time the OP was just turning around. There was no active call for a tow made by the Cops. Sometime after reading ridgelines post, I asked someone I know about that very point who operates a wrecker service. This guy said using these lights in non-emergency situations would NEVER absolve a tow driver from legal liability. I then took a minute to briefly convey the case as presented here to this guy. He laughed a bit and said if the cop gave the driver a ticket for improper backing the cop had decided there were no protections afforded by that state-mandated light. He did say though that a court could say otherwise and it might be worth it to at least try! He also added one more thing I found interesting, what gives about the ticket? He has a good working relationship with all the cop agencies here. Most would never ticket him or his driver out of professional courtesy! He asked what gives with that? Did the driver smart off to the cop?
     
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  5. Sunshinegirl

    Sunshinegirl Bobtail Member

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    Dec 19, 2019
    Idaho
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    The first officer that had stopped by was the one that I know. The second officer did not want to speak to me it seemed. He spoke to the woman and her husband and just had me fill at a form which he did not read before he gave me a citation. I have no idea if she was ticketed as well. My best assumption would be yes but she also could have told him whatever she wanted.
     
  6. Badmon

    Badmon Heavy Load Member

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    That Idaho law she posted says nothing about an emergency situation. In fact it if I'm reading correctly it says any motor vehicle at all with the amber lights going must be yielded to by other approaching vehicles. I'd be fighting the living hell out of this one I dont think she did anything wrong whatsoever
     
  7. Moose1958

    Moose1958 Road Train Member

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    You really need to go re-read that law. It most certainly says that was the case. This begins with paragraph (3).
     
  8. Sunshinegirl

    Sunshinegirl Bobtail Member

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    I was told to turn them on whenever I may be a Hazzard to other vehicles or if I am in a spot with poor visibility as well as emergency. If I made a mistake that is completely on me and I will own it. I have only been driving for 4 months I am still learning. Other vehicles that were directly behind her after she hit had more then enough time to slow down and stop to check as well. I fully believe she was speeding came over the hill saw my lights and slammed on her breaks. She went into my lane 3 times and back into hers before hitting. I thought she was going to fly off the road.
     
  9. Moose1958

    Moose1958 Road Train Member

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    Yep, and THAT is why this guy I spoke too suggested you at least tell your side to a Judge. The cop might have been in the wrong to have cited you. See that is why I said that light on covering your actions was not an absolute, if it had been then the cops citation is void and can be tossed in court. It may still be.
     
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  10. Badmon

    Badmon Heavy Load Member

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    My mistake I misspoke, what I meant by emergency was she wasn't actively towing a vehicle from the road. Clearly she was a road hazard and she just told us she had her amber strobe lights on PLUS hazards. Someone explain where she went wrong here because I'm not seeing it
     
  11. Sunshinegirl

    Sunshinegirl Bobtail Member

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    Idaho
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    I'm going to fight it. I am fairly certain I am going to be fired. My boss didn't ask if I was okay he asked what happened I started telling him where she hit etc he told me if I got a citation I was at fault. He then started getting a horrible attitude. I didn't think I made a mistake or caused the wreck. Where I was hit it is 35 MPH limited damage to my truck her car passenger side was bad driver side is fine which also proves she hit me at a angle.
     
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