I think my 370z is done for...?

solidus · 10-17-2018, 09:35 AM

I've done hundreds of accident investigations and unfortunately this one is the OP's fault. It's a drivers responsibility to maintain control of his vehicle and to be able to avoid collision by maintaining a safe speed for conditions. Part of that is to adjust speed in adverse conditions to maintan ability to avoid obstacles. The jackass that left the truck there certainly contributed and if it were my investigation I'd also list weather as a contributing factor. But anyone who has ever ridden on a racetrack with an intermediate group of riders should see this as clear as day. If you're faster than the guy in front of you it is your responsibility to safely pass him without incident. You could stuff the crap out of him on the inside or flex on him and roll around the outside. But if you spook him with an elbow on the outside or he bites your rear wheel on a stuff , it's pretty much your fault for a bad pass. But that's racing and this is the street. This incident is no different than hitting the back of a car at a red light ( I would've definitely kept that dashcam to myself )

MZ DAIZY · 10-17-2018, 10:53 AM

Not to pile on, but as someone else stated, you shouldn’t have been riding the passing lane and while everyone’s reaction time is different, it seemed to me you had plenty of time to move over and avoid the hazard.

That being said, I think the shitty music had something to do with it too.

Just kidding! (about having something to do with the accident, anyway)

Tick64 · 10-17-2018, 01:18 PM

Quote:

Originally Posted by solidus

I've done hundreds of accident investigations and unfortunately this one is the OP's fault. This incident is no different than hitting the back of a car at a red light

This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.

solidus · 10-17-2018, 02:55 PM

Quote:

Originally Posted by Tick64

This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.

You can question all you like. The FACT is that I could walk into any courtroom in the country and testify as an expert witness. If you were in a car under your control and that car comes into contact with a vehicle not in motion then YOU are at fault for failure to maintain proper stopping distance. If said vehicle were to have come to stop earlier in a travel lane and you contact it .....YOU are at fault. If the vehicle is abandoned sideways on it's roof and you hit it.....You're still at fault. You don't have to like what I say and I could care less if you did. Doesn't change the outcome. To be frank , I had an idiot two weeks ago jam on brakes for a flashing yellow in front of a fire station. I got a ticket and a new offroad bumper and some LED lightbars out of it instead of getting factory gear. Was the person stupid , yep. But it was my fault was I too close , by Florida traffic standards, no. But if you look at the book and figure in a 6000lb truck... yeah I was too close. You don't need to look hard to see I dont have to make up credentials. I wasn't flaunting that , I simply gave an opinion when one was asked for. I simply happen to be uniquely qualified with knowledge, training and 25yrs of experience actually doing it.

2011 Nismo#91 · 10-18-2018, 07:26 AM

Quote:

Originally Posted by solidus

You can question all you like. The FACT is that I could walk into any courtroom in the country and testify as an expert witness. If you were in a car under your control and that car comes into contact with a vehicle not in motion then YOU are at fault for failure to maintain proper stopping distance. If said vehicle were to have come to stop earlier in a travel lane and you contact it .....YOU are at fault.

And this is why insurance costs are insane in NJ. If you have an old shitty car just put out your turn signal and cut a driver off then slam on the breaks. Magically you get thousands of dollars plus a paid vacation for all the pain and suffering cause by the other driver failing to maintain control of their car.

Quote:

Originally Posted by solidus

Court won't be an issue for him if he decides to contest the citation. The crash report has no bearing on whatever citation he might receive because he would be the only witness against himself. Any evidence that the officer writing the report has to present is considered hearsay and is inadmissible.

This makes me wonder if you ever even been in a court room before, the officers show up to court. Hell, if this were the case everyone could get all traffic citations dismissed because they are all just hearsay.

bunk · 10-18-2018, 07:50 AM

Quote:

Originally Posted by 2011 Nismo#91

And this is why insurance costs are insane in NJ. If you have an old shitty car just put out your turn signal and cut a driver off then slam on the breaks. Magically you get thousands of dollars plus a paid vacation for all the pain and suffering cause by the other driver failing to maintain control of their car.

I was in a jury where a female doctor had hit another car on the freeway. The defendant was clamining pain and suffering, saying he couldnt sit or stand for prolonged periods of time, he couldnt play with his kids like he used to, etc...
If I recall, he was seeking 30k in pain and suffering. BUT in the 3 days that the hearing lasted, he sat in his chair the whole time, not even trying to look uncomfortable. Only standing up when the jury and judge entered the room.

Yes, the Dr. was at fault, but we as a jury didnt buy it for one second that the dude suffered the pain he claimed. We awarded him only part of the cost of the chiropractor..

solidus · 10-18-2018, 10:42 AM

Quote:

Originally Posted by 2011 Nismo#91

And

This makes me wonder if you ever even been in a court room before, the officers show up to court. Hell, if this were the case everyone could get all traffic citations dismissed because they are all just hearsay.

You guys kill me. Let me break it down for you. If you recieve an "on view" civil citation such as speed, violating traffic control device or equipment etc. , those are something an officer physically observed and can therefore can testify to what he or she saw. In 25 years I can say that maybe twice I can think of have I ever witnessed a crash in which I had to write the report. 99.9% of the time a crash happens, someone calls 911 and an officer is dispatched. When he gets there he "HEARs" what the people involved "SAY". He didn't actually see crap and in a court of law if you don't see something you are speculating unless you can prove it scientifically or otherwise. Precisely the same way that I can visually estimate speed and then confirm it with a laser speed measuring device. Then when I go to court I back it up with the certification of training and calibration of my equipment. So if you'd like to speculate on whether or not I've ever been in a court room why not put some money on it. That's about as third grade as I can put it .

10-17-2018, 09:35 AM	#1 (permalink)
solidus Track Member Join Date: Oct 2014 Location: Orlando, Florida Posts: 694 Drives: 15' Nismo Black 6MT Rep Power: 10082	I've done hundreds of accident investigations and unfortunately this one is the OP's fault. It's a drivers responsibility to maintain control of his vehicle and to be able to avoid collision by maintaining a safe speed for conditions. Part of that is to adjust speed in adverse conditions to maintan ability to avoid obstacles. The jackass that left the truck there certainly contributed and if it were my investigation I'd also list weather as a contributing factor. But anyone who has ever ridden on a racetrack with an intermediate group of riders should see this as clear as day. If you're faster than the guy in front of you it is your responsibility to safely pass him without incident. You could stuff the crap out of him on the inside or flex on him and roll around the outside. But if you spook him with an elbow on the outside or he bites your rear wheel on a stuff , it's pretty much your fault for a bad pass. But that's racing and this is the street. This incident is no different than hitting the back of a car at a red light ( I would've definitely kept that dashcam to myself ) JARblue, Chuck33079, envisous and 1 others like this.

10-17-2018, 10:53 AM	#2 (permalink)
MZ DAIZY A True Z Fanatic Join Date: Feb 2018 Location: Atlanta Posts: 1,943 Drives: Miss Daisy Rep Power: 613735	Not to pile on, but as someone else stated, you shouldn’t have been riding the passing lane and while everyone’s reaction time is different, it seemed to me you had plenty of time to move over and avoid the hazard. That being said, I think the shitty music had something to do with it too. Just kidding! (about having something to do with the accident, anyway) 37zeroZ likes this.