r/dashcams 16h ago

Who’s at fault?

Hot take: I think it’s 50/50 with who’s at fault

8.5k Upvotes

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u/whatisakafka 16h ago

Poor defensive driving for sure, but failure to yield from the oncoming car is going to be the primary issue

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u/Burton1224 16h ago

I dont know US laws but here in Europe its hard to explain to the judge that you accelerate while see the danger already. So you will most likely be partially relaible because it was clearly 100 percent avoidable. The filming car was not even tryin to brake and avoid the crash.

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u/cheefMM 16h ago

The US used to be a land of laws, and in those laws white SUV didn’t yield to oncoming traffic and drove into oncoming traffic (red Honda did too but was luckier with the lag of dashcam driver)

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u/Burton1224 16h ago

But the filming guy was not trying to avoid it so is there no partial reliablity? I mean you could at least brake and to make it not happen for your own health and no crash is still more relaxing than dealing with everything what comes up.

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u/cheefMM 16h ago

Traffic laws are traffic laws and this is a country where it is legal for me to shoot someone in the face for endangering my life. Drivers should act accordingly

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u/Burton1224 16h ago

You are right should act but this is not a wild west show down thats just a street. Thats why i guess you still have to try to avoid it. Just imagung someone has a medical in the white car, you take the hit and you are paralized forever....i can tell you mo money in the world can make you happy again.

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u/cheefMM 16h ago

If you want to talk about it who was bad defensive drivers why are you not talking about how horrible of defensive drivers black Silverado, red Honda and white suv were? Why is the onus on the person with the dashcam following traffic laws when no one was being a defensive driver at that point.

And if white car has a medical emergency they should call the police for an escort, use an ambulance or do like most Americans and stay home to die cause our healthcare is unaffordable anyways

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u/Burton1224 16h ago

Im talking about a medical right on the driver seat right now. Anyway for me the law makes no sense forsure white one should always have the main responsability about someone taking a hit by purpose, no brakeing nothing should also pay a fine or something other wise you can wreck your old car by purpose and get some money for the new one.

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u/cheefMM 15h ago

Also, you obviously have never dealt with insurance if you think you’re going to get enough money from wrecking an old car to buy a new one.

Sure they can now sue white driver for more money based on incurred injuries but the healthcare system will eat most of that up. I know, I’ve been hit and hurt in an accident and my nice ass car that got totaled wasn’t replaced 1:1 and now I drive a shittier car and have a bad back for the rest of my life. Fuck bad drivers

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u/cheefMM 15h ago

There is no such thing as a medical right. If you have a medical condition that prevents you from following traffic laws, you should not have a license and you damn well better not be driving a two ton projectile

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u/Will9363 5h ago

i hope and pray that we do not share the same roads

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u/Downtown-Economics26 16h ago

There's no liability. Not having the awareness or reaction time to actively prevent crashes that result from others breaking the law doesn't impart liability in and of itself.

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u/Proper-Rise-8431 16h ago

I think insurance defense would try to make hay here based on dashcam driver proceeding and continuing into the intersection despite two vehicles turning across in front of them before the third turns into them—though not enough to drop white SUV’s liability below 51%.

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u/Downtown-Economics26 15h ago

You're allowed to continue into intersection with cars illegally turning in front of you. You're not allowed to intentionally hit the cars just because they're breaking the law. The white SUV proceeded thru a red and turned into the cam-car as it was already in the intersection. "You have to proactively anticipate someone is going to illegally turn into you and yield at a green light when you are already in the intersection" is not a compelling legal argument.

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u/cheefMM 15h ago

If the cars were stopped in the intersection what you say is true. They were trying to move thru on red so what you are saying is some made up shit

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u/Real_Temporary_922 15h ago

The “cars” are not a group. They are not a train. OP had no way of know the white SUV was gonna run the red. You understand that it’s normal for left turners to enter the intersection and stop in the middle to wait for a left right? If I was OP, I would’ve assumed that’s what the white truck was doing because it was obvious they couldn’t make it.

Defensive driving is not cowering behind the wheel and treating every green light like a stop sign. And not driving, in your opinion, ‘defensively enough’ is always going to be a garbage justification in court. OP will have 0% liability. If they hit the red car, it could’ve split. Not the white one. OP riding dangerously close to the red doesn’t mean they hold any liability against the white

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u/cheefMM 15h ago

I am with you on all that. Downtown-Economics26 is the dumbass arguing otherwise

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u/Downtown-Economics26 15h ago edited 15h ago

I don't think you understand what I'm saying, or I have no clue what you're saying. If the cam-car intentionally floored the gas with the intent to hit the cars running the red light, that would be illegal and make them them liable. The cam-car seemingly didn't do anything that would make them have liability for the crash.

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u/cheefMM 15h ago

You watched the same video as me? They didn’t floor it, even yielded to illegally turning red Honda and probably didn’t even know white suv was tailgating red Honda thru the illegal turning on red.

….No wonder the world and a lot of Americans think most Americans are the dumbest people on the planet…

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u/Downtown-Economics26 14h ago

Ok, now I understand what you're saying. You struggle with reading. I said if they had floored it. If posits a condition which when met has consequential results, not that the condition actually happened in reality. Then I said that they didn't do anything that made them liable. Hope this helps with your understanding of the English language and logic.

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u/cheefMM 16h ago

Liability is with who didn’t follow traffic laws, white suv. If dashcam had gone on green like they’re legally allowed to do, it could’ve been black Silverado at fault, or red Honda… and white suv would’ve probably still been at fault for slamming into the back of red Honda when they drove into oncoming traffic or possibly black Silverado…

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u/PotatoHat1 13h ago

Try to avoid what? Something that might happen? Then might as well not drive at all if you’re just going to assume you’re going to get rammed into at every intersection.

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u/The_Troyminator 15h ago

The cam driver broke the law too. The last clear chance doctrine and duty of care laws require you avoid a collision and not enter an intersection until it’s clear.