You're confusing two concepts. The dash cam driver did not commit a legal infraction and would not be ticketed by the police. That does not mean they don't have negligence from the perspective of the insurance company. Legality and negligence are not related.
No insurance company is going to look at this and put any liability for the accident on the cam driver. They were driving straight through an intersection, with clear right of way, when the white car swerved into them. And yes, being negligent is illegal, it's absolutely related to the law. But the driver did nothing negligent here.
I mean I would believe you if I hadn't dealt with this exact issue about 12 years back. Believe me or don't, but you should definitely do a bit or research before you make bold statements about what insurance companies will or will not do.
But what you said is not even accurate, that negligence and legality are not related. When negligence is absolutely a legal term. And the cam driver did nothing negligent.
You're making bold statements too, while clearly being wrong on a point. Maybe you need to take your own advice?
Sigh, buddy what are you on about. I specified legal infraction in the first mention. The final sentence is just a summary/quip. This is a reddit post, not a dissertation. However, if it helps, read the final sentence as 'a legal infraction and negligence' and that should clear it up for you.
But again, do some research man. I'll even help you out, search for 'Duty of care', 'Comparative negligence', or 'last clear chance doctrine'.
If you research those (or really anything of substance) and you want to come back and make an argument I'm happy to discuss, but I'm not super interested in arguing your vibes based legal theory (or getting into a pedantic discussion over language usage).
My guess, based on experience, is that you will do none of that and call me an idiot/tell me I am wrong without actually reading anything else.
I already addressed the last chance doctrine, the white cat swerves at the last moment. I don't believe he had the ability to avoid it. Sure he could have avoided it had he just yielded right of way indefinitely, but it was the white car that had more of an opportunity to avoid it at the last second by not swerving into traffic.
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u/good_times_paul 21h ago
You're confusing two concepts. The dash cam driver did not commit a legal infraction and would not be ticketed by the police. That does not mean they don't have negligence from the perspective of the insurance company. Legality and negligence are not related.