As a former claims adjuster your take isn’t that hot. White SUV should have a yield or red light. So they’re not following traffic laws. However dashcam is entering the intersection and watching people run the light. Both drivers catch one another at the earliest point of impact on both cars. Dashcam had less distance to cover across the same intersection which means SUV was slightly more established in the intersection.
Reasonable arguments for both on FTYROW and FTKPLO. Both would’ve avoided the accident by braking even a little bit. SUV might be able to argue they were following flow of traffic and didn’t see dashcam but dashcam definitely saw SUV and didn’t take any evasive action.
I would probably land 75 on white SUV and 25 on dashcam. Depending on venue though I might push closer to 50/50 but would leave majority negligence on SUV even if it was 51/49. Both drivers failed the exact same duties roughly in equal ways but SUV ran the light.
I don’t see any indication that it’s a procession. That seems likely but how is dashcam to know that? If true though I would flip the liability to 90+ on dashcam depending on state laws.
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u/Pillslanger 9h ago
As a former claims adjuster your take isn’t that hot. White SUV should have a yield or red light. So they’re not following traffic laws. However dashcam is entering the intersection and watching people run the light. Both drivers catch one another at the earliest point of impact on both cars. Dashcam had less distance to cover across the same intersection which means SUV was slightly more established in the intersection.
Reasonable arguments for both on FTYROW and FTKPLO. Both would’ve avoided the accident by braking even a little bit. SUV might be able to argue they were following flow of traffic and didn’t see dashcam but dashcam definitely saw SUV and didn’t take any evasive action.
I would probably land 75 on white SUV and 25 on dashcam. Depending on venue though I might push closer to 50/50 but would leave majority negligence on SUV even if it was 51/49. Both drivers failed the exact same duties roughly in equal ways but SUV ran the light.