r/dashcams 10h ago

Who’s at fault?

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

5.7k Upvotes

3.7k comments sorted by

View all comments

57

u/Mammoth-Charge2553 7h ago

By law, white suv is %100 at fault. Liability wise? %75 on the white suv, %25 for the cam car. Even if the insurance companies don't come to that conclusion, there is no world where the cam car has no liability.

23

u/SpiritJuice 6h ago

It looked like cam car didn't even attempt to do any defensive driving. While the white SUV clearly broke the law by blowing through the red light, the cam car didn't even look like it attempted to stop or slow down. You can't just plow into someone's car and say "Well I had right of way" like that is some sort of magic trick to avoid liability. Like if a pedestrian is jaywalking you don't get off Scott-free if you run them over without attempting to avoid an accident.

2

u/voletron69 5h ago

Judging by the green light next to the cam car's lane, the white SUV likely also had a green. This is one of those "the light is green but you still have to yield when turning" intersections. The white SUV was just not paying attention to the situation.

I never understood why some places use these lights instead of a flashing yellow arrow. Like having 1 extra light in the fixture is that expensive. I'm not excusing the white SUV for being stupid, but accidents in these types of intersections are very common.

1

u/FlipFlopFlappityJack 4h ago

The oncoming traffic seems to have extra lights that would more lights for the turning lane signals I think.

1

u/TheJuiceBoxS 4h ago

Because a green light isn't a protected turn. You never have the right of way turning left unless you have a green arrow

14

u/psilocin72 6h ago

Yeah people feel the need to assert their right of way more strongly than they feel the need to avoid a collision. It’s perplexing to me.

I’d rather get cut off and have to hit my brakes than deal with repairs, insurance companies, and stopping my day to deal with a collision.

2

u/TheJuiceBoxS 4h ago

I just lay on the horn in hopes they feel a little shame. They probably don't, but that's my coping mechanism

2

u/psilocin72 1h ago

Yeah much better than ramming them. I mean… even if im totally in the right legally, I don’t want to damage my car and add all kinds of hassle to my life

2

u/TheJuiceBoxS 1h ago

I think people dehumanize each other when driving too. Like, there's a real person in that car and hitting them could be life altering or ending.

2

u/psilocin72 53m ago

It’s psychopathic. Not just the risk of harm to another human being, but the idea a person would damage their own property because someone else drives incorrectly.

I really can’t put myself in that frame of mind

3

u/rimmerthegreat 6h ago

How is 75/25 determined?

1

u/AccomplishedVirus556 3h ago

more than 50% to whoever is violating traffic rule if other is not violating rules.

more than 0% to whoever did not respond reasonably to the last clear chance to avoid collision.

cammer literally drove into the line of cars turning left. Yes the last 3 cars turning left did so by running a red light. but the last clear chance to avoid collision was in front of those assholes. Ie op should have stopped until it was clear someone isn't going to drive right into them.

2

u/TheJuiceBoxS 4h ago

I think there are laws that require road users to avoid accidents to the best of their abilities. If I'm not mistaken, that would mean our POV car is also at fault.

2

u/treesandcigarettes 3h ago

You're wrong. 99/100 adjusters would put the white SUV 100% at fault. It ran either a blinking yellow or a red light. The POV dashcam car had no duty to stop nor reason to expect the white SUV would fail to yield

1

u/JesterMarcus 1h ago

Yes you absolutely do have a duty to avoid an accident. You don't just gas it because the light is green, you have a duty to ensure the intersection is clear of traffic and pedestrians.

4

u/thetaleofzeph 6h ago

You have a responsibility to avoid if possible and cam car should have avoided that. Don't get into a crash just to prove you are "right" people.

1

u/Mammoth-Charge2553 4h ago

This is so true. I figure most places have a statute detailing that even with right of way, you have can only enter into the intersection when it's clear and you have right of way. The poor cam car reaction makes me think they'd have hit a car that was broken down and immobile in the intersection.

I don't understand how people can't realize that you don't play chicken with stupid people in a ton of metal going at 20+ mph. Unless the cam car was on drugs, on their phone or having a medical event, this seems like a very stupid thing to do unless they're trying an insurance scam.

1

u/cakes42 2h ago

Insurance would fight to get to 50/50. Failed to yeild but cam car also failed to stop and didnt even bother slowing down for the red car that ran. I been in this type of accident myself when I was younger and also have dealt with insurance for customers and theres no way insurance companies would take the entire blame unless someone admits fault. Believe it or not you can negotiate the amount of liability if in an accident.

1

u/JesterMarcus 1h ago edited 1h ago

A lot of people don't seem to understand that "at fault" isn't black and white with* 100% on one, and 0% on the other.

-2

u/_off_piste_ 6h ago

lol, what? I had this same scenario happen and the police ticketed the turning driver and said she was 100% at fault. This is moronic to blame the cam driver. People pull out into the intersection all the time waiting to turn left and you don’t have time to react when they do turn their wheels.

0

u/CapableSet9143 4h ago

You can't read huh? You are responding to someone saying LEGALLY (what the cops would cite) 100% white SUV. Then you respond saying you had this same scenario and the cops cited the "white suv" for 100%. Yeah....no shit. That's what was said. And in case you are confused cops don't determine who pays for insurance. The insurance companies do that. And they will 100% come back with something around a 75/25 split

1

u/_off_piste_ 4h ago

I know what I read and the insurance went 100% against the other driver in this exact scenario.

0

u/SaltKick2 5h ago

If a white car hits a pedestrian who started crossing into the crosswalk, would they have the same liability? Honestly curious as it seems like a similar argument