I was wondering if any police officers could offer info in regards to this type of scenario. Driving at night in a poorly lit area on a two lane road. Come down a slight hill below the posted speed limit as there is construction being done on both side of road and out of the shadows i come upon a flat bed tow truck in road with its ramp down, old truck ramp covered in dirt down with NO illumination at all. No flares, no emergency lights, no reflection and the ramp looks much like the road. I take evasive action and swerve to the left but clip the ramp in the road and proceed to flip my vehicle onto the side. My question would be who would be at fault in this scenario. No one was cited at the scene.. My point of contention to the responding officer was that this vehicle had NO illumination at all, was not parked facing traffic and was parked in a public roadway at night with no warning system thus creating a hazard thus the driver was negligent. Any helpful opinions?? Thanks
2007-01-27 15:46:36 · 6 answers · asked by joejoejoe 2 in Politics & Government ➔ Law Enforcement & Police
Given the scenario you gave, I would say the tow truck was in the wrong, however I was not there and will not second guess the Officer. There is something you are leaving out. You never mentioned who the Officer showed at fault and why.
It is my experience that when someone is shown at fault, they will say anything to prove otherwise. Your intent is not to lie, but it is human nature to want to be right.
2007-01-28 02:09:36 · answer #1 · answered by thanson73 4 · 1⤊ 0⤋
Most likeliy in the civil court ( where who pays for what car) there will be joint liablitity. A percent to one, and another percent to the other.
the driver even on unlite roads have a duty and obligation to be able to stop if anything runs out or is in the road.
And the other driver had a obligation to warn other drivers if possible.
2007-01-28 02:07:03 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The tow truck should have had it's bar lights on!
Cops usually are easy on tow truck drivers because they call them a lot.
2007-01-27 16:01:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
They were obstructing the road with a hazard, but I would have to know your speed.
2007-01-27 16:04:13 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I would call you insurance company, explain what happened and ask them to pursue the claim. You could also see a lawyer and explain it to him.
2007-01-27 15:57:26 · answer #5 · answered by READER 1 5 · 1⤊ 0⤋
If you were traveling slower and maintained a proper lookout, you would probably have avoided flipping your vehicle.
2007-01-27 15:55:52 · answer #6 · answered by Anonymous · 1⤊ 1⤋