Motor guys: Who would you write as At Fault? (Hypothetical Scenario)

[Nick]

This is just a hypothetical question I was thinking about as I was driving home last night on a twisty road. Here's the situation:

V1 is driving Northbound on Hwy X. Hwy X is an undivided twisty road with one lane of traffic in each direction. The speed limit is 35mph and there are many blind turns. It is late and dark, but the turns allow drivers to see the headlights of an oncoming vehicle despite the turns being blind. Because it is late at night, V1 is using the entire road to make driving more smoothly (D1 often crosses into the oncoming lane in the turns). V1 is traveling at a safe speed for conditions and there are no other moving violations except for crossing the double yellow.

V2 is driving southbound on Hwy X. V2 is also traveling at a safe speed for conditions. However, V2 is driving without headlights.

V1 and V2 are approaching each other. Not seeing any oncoming headlights in the turn, V1 goes into the next turn and crosses the double yellow. V1 and V2 collide. There is damage to both vehicles, but no one is injured.

So if D1 were maintaining his/her lane, the accident would have been avoided. If D2 were driving with headlights on, the accident would have been avoided.

Both drivers are sober and current. Nothing hinky about either driver. Which do you chose as PCF and At Fault?

Discuss.

[Steve Stansb]

IF each of the drivers admitted what you say here I would put driver 1 at 60% and driver 2 at 40%. Both would be cited, 1 for not staying is their assigned lane and causing a accident, 2 for driving w/o headlights and contributing to an accident. I would leave it up to the Insurance of both parties to fight it out!

[silversvs]

D-1 is at fault for driving on the wrong side of the road 21460(a) VC and D-2 would be an "other associated factor" for driving without headlights 24400(A)(2). We do not assign percentages, that is what insurance companies do. If D-1 had stayed in his lane as required there would not have been a collision. If D-2 had his headlights on and D-1 crossed the double yellow there still would have been a collision.

[mnb]

Both drivers are complete morons and should be shot at the scene so as to prevent any potential dilution of the gene pool.

[motorman4life]

Silversvs is correct.
V-1 is primary for the DY violation.
V-2's headlamp violation is listed as an associated factor.
There are no asterisks in baseball and there are no percentage of fault in law enforcement. There is a PCF (primary collision factor) and associated factors. Insurance geeks assign percentages.

FWIW, If V-1 wants to "straighten out the curves" when he rides, why doesn't he just take the freeway? I ride curves to enjoy the maneuvering and feel the road, not to avoid the curves to "smooth" my ride. I hereby dub D/V-1 "Sir Chickenstrip." :laughing

[antarius]

MM4L and SVS are dead on.

And MM4L, sir chickenstrips? HAHAHAHAHAHAA!!!

[Iszlandsnow]

There is damage to both vehicles, but no one is injured.

No one is fault. No report taken. Exchange info and let your insurance companies figure it out. Back to Code 7. :Party

[Slow600rr]

No one is fault. No report taken. Exchange info and let your insurance companies figure it out. Back to Code 7. :Party

AHMEN.

[JPM]

D-1 is at fault for driving on the wrong side of the road 21460(a) VC and D-2 would be an "other associated factor" for driving without headlights 24400(A)(2). We do not assign percentages, that is what insurance companies do. If D-1 had stayed in his lane as required there would not have been a collision. If D-2 had his headlights on and D-1 crossed the double yellow there still would have been a collision.

Both drivers are complete morons and should be shot at the scene so as to prevent any potential dilution of the gene pool.

I'm not sure which option is better, it's a toss-up. :laughing

No one is fault. No report taken. Exchange info and let your insurance companies figure it out. Back to Code 7. :Party

Gotta love a good departmental policy! :thumbup

[saizai]

V1 is using the entire road to make driving more smoothly (D1 often crosses into the oncoming lane in the turns). V1 is traveling at a safe speed for conditions

These are contradictory sentences.

"Safe speed":
a) for the condition of being in the opposite lane is nonexistent because of the possibility of V2s
b) is the speed at which D1 could keep his ass in his own lane and still drive smoothly

If you ain't in your own lane driving smoothly, then you're driving too damn fast for conditions and I'd like you to please not be on my roads 'cause you're making it dangerous for me.