Quote:
Originally Posted by JoeRedskin
How? By accelerating in an open lane of traffic? It's not like they were still in the accident zone - they were clearly past it. You can feel however you want about it, but I just don't see any facts that back up your opinion.
You conceed that:
Driver was not exceeding speed limit;
Driver began braking as soon as he was presented by the scooter guys move;
Scooter guy braked after switching lanes;
Driver did all he could do to avoid the accident.
What facts support the position that the driver contrib'd? The only thing you've said is that he was travelling faster than traffic around him which, in an open lane of traffic, he is free to do especially when he is not exceeding the speed limit.
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I did not concede* that the driver was not exceeding the speed limit. Lot of words you're putting in there for me.
Ultimately when it comes down to 1 vs 2 (2 being the scooter) it would get written as 2's fault.
Again, we're still assuming that the speed limit was being followed. You can be cited for accelerating/endangerment, etc without exceeding the speed limit.