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Ok let me be clear, THE VIDEO IS BLURRY AS HELL!!! All I see is a car that seems to hit another vehicle that seems to pull out into traffic!!!
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#1 (permalink) |
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Ok let me be clear, THE VIDEO IS BLURRY AS HELL!!! All I see is a car that seems to hit another vehicle that seems to pull out into traffic!!! Is that what I'm seeing???
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#3 (permalink) | ||
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The police did not prosecute her earlier because even though they did have the video evidence of her speeding, they can't be exact and factual about her speed. This in itself may not be strong enough to convict the driver. However you combine this video evidence with the fact that she was on her cell phone, now the prosecuting attorney's office has a strong case against her. |
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#4 (permalink) | |
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Without the video this case will fall into the right of way for the 370Z. But the video clearly shows that the speed the Z was carrying did not allowed the other party crossing the intersection to realize how fast the Z driver was going. Quite simple if the Z driver was travelling at the posted speed there will be no accident. This is quite simple to understand, also the police will not prosecute without that evidence. The Family of the deceased person has a very strong case, this is not your typical 50-50 case.
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But do know that in some states it is entirely on the yielding driver to cross the intersection safely. It doesn't matter how fast the hitting driver is going. If that's the state of Texas, you're going to see a not guilty verdict. You say if the driver wasn't speeding, the accident wouldn't have occurred. A lawyer says if the crossing driver would have properly yielded to oncoming traffic, the accident wouldn't have occurred. Lawyer says the crossing driver didn't come to a complete stop before crossing, or that he was speeding while crossing the intersection, which caused the collision. While these seem like obnoxious claims, they are the type of things lawyers will look for. Some states have exceptions to laws regarding yielding the right-of-way which will charge the hitting driver at fault if they are determined to be speeding/reckless driving/etc (name your offense). Anyway, this is just a little devil's advocate on my part. I am not trying to be insensitive toward the deceased driver, as this is a horrible and unfortunate event that happened. I just wanted to throw it out there that, unfortunately in the US legal system, it is not this simple. On a personal (and emotional) note, I hope she gets convicted because it's painfully obvious she is driving like a reckless idiot, and she contributed to someone losing their life. Regardless of if it is determined that the crossing driver did anything wrong, it doesn't change the fact that the Z driver contributed to that loss of life. Last edited by JDubya; 07-18-2015 at 03:14 PM. |
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#8 (permalink) |
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Not at all, just saying I've seen these type of accidents before and I'm willing to bet it all that the Manslaughter charge won't hold water and this young lady at the young age of 21 won't see a day in prison.
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#9 (permalink) | |
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. Last edited by MacCool; 07-26-2015 at 09:56 AM. |
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Who's to say that the other woman didn't completely stop at the stop sign and obey the right of way law. This is all an emotionally driven charge. |
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#11 (permalink) | |
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You fail to see that the other woman was almost finishing to crossing the intersection when the accident occurred, look at the video few times, the Z tried to swerve to the right to avoid the van. Updated: Mother of three dies after major auto wreck in Harlingen : News : ValleyCentral.com
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Last edited by 37zeroZ; 07-18-2015 at 07:34 AM. |
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#13 (permalink) | |
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My question using the speeding numbers were not meant do depict the actual case. The question was used as an example to ask a question of two fellow forum members if someone is speeding, do they have liability in an accident. Also I never said that use of a cellphone was illegal in Texas. But it will make the prosecutions case stronger showing that the driver was not 100% focused on driving. |
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#14 (permalink) | |||
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Here's what you and 37zero may have overlooked. While the dash cam video itself cannot determine the speed of the Z, the data that it recorded can be analyzed to determine the speed of the Z with very good accuracy. Here's how. Authorities will pick a landmark starting point for the Z from the video. From that landmark point, they will then measure the distance to the point of impact for the 2 cars. Review the video again to determine the amount of time it took the Z to travel the distance between these 2 points. Input these factors in a time and distance calculator and your mph will be calculated. Let's use 1087's link of this video (1st video for accident) for me to explain. Right at the 3 second mark in the video (bottom time on screen) the Z overtakes the video cam car on the left. It passes a small street and a white sign on the left of it, lets use that sign as the landmark starting point. At right around the 9 second mark, we see the collision then hear the driver say "boom". So 6 seconds from landmark starting point to collision point. Now if this distance was 220 yards (1/8 mile), her speed was 75 mph. If 250 yards, speed is 85 mph. Obviously, the shorter the distance, the slower her speed. I think this should explain it pretty clearly and in the other video where the police said she was over 30 mph above the speed limit, indicates to me that they have already done their preliminary calculations. Then include the fact that she was on her cell phone, gives the prosecuting attorney a solid case. |
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#15 (permalink) | |
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After reviewing the video on my large screen monitor at work numerous times, the time it took the Z to cover this distance was right about 6.75 seconds. This equates to a speed of 82.73 mph ![]() |
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