Author Topic: Accident Liability Question  (Read 1840 times)

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Offline Powderman

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Accident Liability Question
« on: January 15, 2014, 02:21:53 PM »
I was just watching an episode of "Judge Judy". Here's the scenario, 4th of July weekend. 3 riders, a 60ish man, his 60ish wife and a 50ish man all on cruiser type bikes are returning home from a day ride. A dog runs out into the street in front of an SUV. The SUV slows and stops for the dog. The 60ish man can not stop in time and ends up stopping along side the SUV. His wife runs into the back of the SUV and is thrown into the back of it knocking out 5 of her teeth. The 50ish guy 3rd in line also can not stop in time and run into the number one rider stopped next to the SUV. The 2 men have superficial injuries including mostly bruises. Who is at fault in this accident? I'll express my thoughts after some of your replies.
« Last Edit: January 15, 2014, 02:25:40 PM by Powderman »

Offline kghost

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Re: Accident Liability Question
« Reply #1 on: January 15, 2014, 02:27:44 PM »
I never put any weight to legal opinions from "Judge Judy".........

Basically if you run into the vehicle in front of you.....you are at fault.



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Offline Johnie

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Re: Accident Liability Question
« Reply #2 on: January 15, 2014, 02:30:20 PM »
It is called "failure to yield"...to the car in front of you. Following to close and inattentive driving is another area to consider.
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Offline Powderman

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Re: Accident Liability Question
« Reply #3 on: January 15, 2014, 02:31:03 PM »
I will also post Judge Judy's decision after more replies and also add that the 3rd rider was suing the dog owner. The 1st and 2nd riders were the 3rd riders witnesses.

Judy Judy is more strict in her "courtroom" than any of the other judge shows on TV. I usually agree with her decisions.
« Last Edit: January 15, 2014, 02:33:37 PM by Powderman »

Offline Duke McDukiedook

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Re: Accident Liability Question
« Reply #4 on: January 15, 2014, 02:33:12 PM »
I never put any weight to legal opinions from "Judge Judy".........

Basically if you run into the vehicle in front of you.....you are at fault.

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Offline Bailgang

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Re: Accident Liability Question
« Reply #5 on: January 15, 2014, 02:56:20 PM »
I never put any weight to legal opinions from "Judge Judy".........

Basically if you run into the vehicle in front of you.....you are at fault.

Yeppers.

Agreed.

 
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Offline Bob Wessner

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Re: Accident Liability Question
« Reply #6 on: January 15, 2014, 03:02:59 PM »
It is called "failure to yield"...to the car in front of you. Following to close and inattentive driving is another area to consider.

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Offline flybox1

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Re: Accident Liability Question
« Reply #7 on: January 15, 2014, 04:45:43 PM »
It is called "failure to yield"...to the car in front of you. Following to close and inattentive driving is another area to consider.

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Offline tomkimberly

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Re: Accident Liability Question
« Reply #8 on: January 15, 2014, 05:38:06 PM »
If you run into someone in front of you, you are at fault, either failure to yield or just following too closely. Now the dogs owner should also be a secondary defendant, as he (or she) is responsible for keeping the dog out of the street.

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Re: Accident Liability Question
« Reply #9 on: January 15, 2014, 05:41:46 PM »
I'm guessing that none of these motorcycles had ABS brakes, otherwise none of this would have happened. So, obviously you blame the motorcycle manufacturer.  Right?

Offline faux fiddy

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Re: Accident Liability Question
« Reply #10 on: January 15, 2014, 06:41:15 PM »
Yeah, manufacturer's fault.

I think I have heard of a case where there was no collision until a third car hit the second car, and the second car was pushed forward into the first and found found at fault for hitting the first car. Doesn't seem right at all for number two car to take any blame.
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Offline Stev-o

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Re: Accident Liability Question
« Reply #11 on: January 15, 2014, 06:51:09 PM »
The real question here is:

You watch Judge Judy?!
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Offline honda_dog

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Re: Accident Liability Question
« Reply #12 on: January 15, 2014, 07:54:36 PM »
The real question here is:

You watch Judge Judy?!

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Offline Powderman

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Re: Accident Liability Question
« Reply #13 on: January 16, 2014, 09:06:55 AM »
The accident scene was a road side river park. The dog was with a family playing in the river and ran off to greet a few small children exiting their vehicle at the road side. The dog ran into the street and then back down the dune without any injury as the SUV was able to stop in time. Judge Judy said morally you should not risk putting others in danger by avoiding the animal in the street. But IMHO there were 2 cases here that could have been brought to suit. I feel the SUV driver could have sued for damage to his vehicle by the woman rider, who got her teeth knocked out, for following too closely. The #1 rider, her husband, could have sued the #3 rider for the same reasons and collect for his injuries and damage sustained to his bike. The #3 rider was IMHO, most at fault and deserved nothing, yet was awarded $3500 from the dog owner for blue book value of his bike that was apparently totaled due to his negligence. The guy in the SUV would have had a case against the dog if it had done any damage to his vehicle but the riders had no case legally.

Ya, I watch Judge Judy as well as 10 million other people a day. I find it entertaining.

Offline 70CB750

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Re: Accident Liability Question
« Reply #14 on: January 16, 2014, 09:20:18 AM »
The real question here is:

You watch Judge Judy?!

That was my question too.
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Offline dusterdude

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Re: Accident Liability Question
« Reply #15 on: January 16, 2014, 12:09:36 PM »
I cant stand that yankee #$%*


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Offline kghost

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Re: Accident Liability Question
« Reply #16 on: January 16, 2014, 12:25:40 PM »
I find her rude and abrasive.

The perfect example of how a judge should not act.

OF course...it is TV....there has to be some DRAMA lol
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Offline Maurice

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Re: Accident Liability Question
« Reply #17 on: January 16, 2014, 12:37:29 PM »
Why would anyone sue anybody? What's insurance for? What are we coming to?

On the other hand, a HD rider with 5 good teeth to knock out has got to count ;)

Offline Powderman

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Re: Accident Liability Question
« Reply #18 on: January 16, 2014, 01:03:34 PM »
Why would anyone sue anybody? What's insurance for? What are we coming to?

On the other hand, a HD rider with 5 good teeth to knock out has got to count ;)
What do you do when you find the limits for medical on the offenders insurance  doesn't cover your injuries? None of these riders were riding Harley's. If the dog was to blame who replaces your bike when all you have is liability insurance?

Offline Retro Rocket

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Re: Accident Liability Question
« Reply #19 on: January 16, 2014, 01:08:49 PM »
In Aus it actually illegal to swerve to miss an animal due to its inherent risks, so I suppose that could possibly put everyone at fault...
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Offline Stev-o

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Re: Accident Liability Question
« Reply #20 on: January 16, 2014, 03:29:35 PM »
She does have nice eyes....


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Offline Maurice

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Re: Accident Liability Question
« Reply #21 on: January 16, 2014, 04:53:40 PM »
Why would anyone sue anybody? What's insurance for? What are we coming to?

On the other hand, a HD rider with 5 good teeth to knock out has got to count ;)
What do you do when you find the limits for medical on the offenders insurance  doesn't cover your injuries? None of these riders were riding Harley's. If the dog was to blame who replaces your bike when all you have is liability insurance?

Oh apologies, I should not have assumed cruiser == HD. No offense to Harley riders BTW this was a joke.

I have to say this does all read like a joke, I went along with it.

Dog to blame? What about rider #3 who could not stop in time? SUV spotted a dog and managed... Pretty sure an SUV is bigger than a dog, has brake lights on top of it.

Also won't rider #3 be to blame for only carrying liability insurance?

The verdict just seems as random as rider #3's ability to control his bike.

Offline Powderman

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Re: Accident Liability Question
« Reply #22 on: January 16, 2014, 05:11:17 PM »
Why would anyone sue anybody? What's insurance for? What are we coming to?

On the other hand, a HD rider with 5 good teeth to knock out has got to count ;)
What do you do when you find the limits for medical on the offenders insurance  doesn't cover your injuries? None of these riders were riding Harley's. If the dog was to blame who replaces your bike when all you have is liability insurance?

Oh apologies, I should not have assumed cruiser == HD. No offense to Harley riders BTW this was a joke.

I have to say this does all read like a joke, I went along with it.

Dog to blame? What about rider #3 who could not stop in time? SUV spotted a dog and managed... Pretty sure an SUV is bigger than a dog, has brake lights on top of it.

Also won't rider #3 be to blame for only carrying liability insurance?

The verdict just seems as random as rider #3's ability to control his bike.
Why would #3 be liable just because he has liability only? I think #3 was MOST at fault and didn't deserve anything from the dog owner.

Offline Maurice

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Re: Accident Liability Question
« Reply #23 on: January 16, 2014, 05:47:41 PM »
I think we agree. I was just saying, if "liability only" was the reason he was suing then I think it's wrong in this case.

Offline Powderman

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Re: Accident Liability Question
« Reply #24 on: January 16, 2014, 05:51:44 PM »
I think we agree. I was just saying, if "liability only" was the reason he was suing then I think it's wrong in this case.

His liability only covers damage he causes to others. I think he has balls suing anyone for his negligence.

Offline Carver

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Re: Accident Liability Question
« Reply #25 on: January 16, 2014, 06:42:48 PM »
How much judge judy awards is pretty much irrelevant because part of being on the show is if she rules someone has to pay someone else money, the show pays it. a kid at my highschool drifted his eclipse in to a tree and went on there so the show would pay for the ruling against him.
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Offline Retro Rocket

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Re: Accident Liability Question
« Reply #26 on: January 17, 2014, 04:04:46 PM »
How much judge judy awards is pretty much irrelevant because part of being on the show is if she rules someone has to pay someone else money, the show pays it. a kid at my highschool drifted his eclipse in to a tree and went on there so the show would pay for the ruling against him.

Ahhh, funding stupidity, now there's a new concept..... ::)
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Offline faux fiddy

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Re: Accident Liability Question
« Reply #27 on: January 19, 2014, 04:39:02 PM »
How much judge judy awards is pretty much irrelevant because part of being on the show is if she rules someone has to pay someone else money, the show pays it. a kid at my highschool drifted his eclipse in to a tree and went on there so the show would pay for the ruling against him.

No wonder they don't let Bill Gates or Bernie Madoff type big money cases  go to Judy.
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