Today as I was on my way home a woman trying to avoid potholes was driving on my side of the road, heading straight toward me. She came from up over a hill, going very fast. She didn't just occasionally move over to avoid one pothole, she claimed the whole lane. My boyfriend was driving, its a very narrow road, no shoulder, no moving into the other lane because there were people driving in it, our driveway is near the top of the hill. So we slowed as much as possible until the frantic honking drove her back to her lane. She was screaming and swearing at us! I didn't get her plates. So my question? If you are driving and someone is in your lane heading straight for you, and they hit you, can they use the potholes as a defense, or should they have driven on their side regardless? I would hope she would be at fault simply for being in the wrong lane because it seems like just because you don't like your side of the road doesn't mean you get to drive like an idiot.
2007-03-17 08:34:51 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Safety
the driver on the wrong side of the road is always at fault regadless of road conditions. i had a guy hit me and my family head on and another one hit me another time. both were on my side of the road. and they had to pay and they got tickets. in the one case the cop asked me after talking to the other guy(so what's your story). the guy was in my lane hit me head on and i was partially in the ditch trying to avoid him .WTF whats my story?!!!
2007-03-17 09:00:45 · answer #1 · answered by Anonymous · 2⤊ 0⤋
It would be their fault. Going around potholes is the same as passing another car - if you need to use the oncoming traffic lanes, it must be done when there is nothing coming the other way . Otherwise, they can slow down and drive over the potholes slowly, or wait until there is no oncoming traffic. And it is never legal to be on the wrong side of the road when cresting a hill. It was a very stupid move on her part.
Of course, insisting on your right-of-way doesn't help much if you're in the hospital...so remember to get out of the way of idiots, and let them kill themselves on their own - hopefully far away from you. And call the cops and tell them, so they can keep an eye on the area - that will stop others from doing the same thing. They might even tell the township about the potholes, although I'd suggest calling them yourself to be sure.
2007-03-17 15:47:09 · answer #2 · answered by Me 6 · 0⤊ 0⤋
The only time I could see someone not being at fault for being on the wrong side of the road in a crash would be if something else physically pushed them into the lane, or if an obstacle suddenly moved into their lane so suddenly that there was no way they could have avoided it by braking. Otherwise they are at fault.
However, accidents are like war. You can argue about who's right and who's wrong after it's over, but it's less a matter of who's right than who's left.
2007-03-18 20:25:39 · answer #3 · answered by Mad Scientist Matt 5 · 0⤊ 0⤋
She might try driving on her side of the road. No dodging potholes by driving on the wrong side of the road would still be her fault due to she's driving on the wrong side. So no dodging potholes isn't a defense in that case. I agree with you 100% dodging potholes doesn't mean drive like an idiot.
A woman talking on a cell phone this morning in front of me was driving 35MPH on the highway holding up traffic, but apparently her phone conversation is more important than 30 people honking at her.
2007-03-17 19:02:10 · answer #4 · answered by Bill S 6 · 0⤊ 0⤋
no way!!! If you have to venture into the other lane, you as the driver are responsible to ensure it is safe for you to do so. wandering into the opposing lane on the crest of a hill is simply STUPID. I would be surprised if anyone could not find this other person totally at fault here.
2007-03-17 15:41:34 · answer #5 · answered by al b 5 · 1⤊ 0⤋
I agree with you. She is an idiot and was breaking the law by driving in the wrong lane. Contact the city about te pot holes.
2007-03-17 15:45:42 · answer #6 · answered by chief8166 2 · 0⤊ 0⤋
Yes
2007-03-17 15:42:40 · answer #7 · answered by Thomas S 6 · 0⤊ 0⤋
Any accident would be her fault. There's no such thing as the pothole defense.
2007-03-17 15:40:30 · answer #8 · answered by Connie C 2 · 0⤊ 0⤋
Yes!
2007-03-17 15:39:04 · answer #9 · answered by bubba23111 3 · 0⤊ 0⤋
no they can not.if your in the wrong lane its your falt. it and be looked at as fallure to control your car. or in the case you sared there falt
2007-03-17 15:42:38 · answer #10 · answered by thomas b 1 · 0⤊ 0⤋