One car is traveling slower than the speed limit on a road that is freshly covered in snow. Another car who is in a blind driveway backs out in reverse. There is limited visibility. The car on the road going on average 20-30mph slams on the brakes at a far distance (determined by skid tracks in the snow), the ABS kicks in but to no avail hits the car coming out of the driveway. The person coming out of the driveway claims the other driver was speeding, the other party denies it and blames it on the slippery conditions. That same night many other accidents happened because of the snow and limited visibility. Who was in error in this accident?
2007-12-19 13:41:24 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Safety
Lets put this in to perspective. I'm in my car driving down a snow covered road and you are backing out of your driveway. I don't think as a veteran Police Officer this is a hard question to answer. I live in VA and there is a code that states you must yield the right of way to oncoming traffic in the street when pulling from a private driveway. See below.
§ 46.2-826. Stop before entering public highway or sidewalk from private road, etc.; yielding right-of-way.
The driver of a vehicle entering a public highway or sidewalk from a private road, driveway, alley, or building shall stop immediately before entering such highway or sidewalk and yield the right-of-way to vehicles approaching on such public highway and to pedestrians or vehicles approaching on such public sidewalk.
The provisions of this section shall not apply at an intersection of public and private roads controlled by a traffic signal. At any such intersection, all movement of traffic into and through the intersection shall be controlled by the traffic signal.
Whoever pulled our of the driveway is at fault. There is no way a judge would rule in favor of the driver from the driveway for a couple of reasons:
1. Why would you pull out in front of a speeding car?
2. You can't judge the speed of a vehicle just by looking at it.
3. It's like any other intersection the vehicle already i the road has the right of way.
2007-12-19 15:10:43 · answer #1 · answered by mayberrynut 2 · 1⤊ 0⤋
The person on the road has the right of way over someone backing out of a driveway, regardless of weather conditions. If the driver of the car on the road was well under the speed limit, and did start braking at a considerable distance, he was not at fault. On the other hand, the person backing out should have been extra careful, looking in both directions and in the mirrors, to make sure there was no oncoming traffic. He evidently did not, so I'd say he is to blame for the accident. I've seen a lot of drivers throw their cars in reverse and peel out of their driveways as though they were in the Indianapolis Speedway, with no regard whatsoever to oncoming traffic, forcing drivers to slam on their brakes or risk hitting the offender and possibly creating a pile-up.
2007-12-19 22:58:12 · answer #2 · answered by gldjns 7 · 2⤊ 0⤋
The easy answer is that the vehicle in the roadway has the right of way over the vehicle exiting the driveway. Obviously other factors may come in to play but in its most basic form a driver entering a roadway always has to yield to the oncoming traffic exlusive of any traffic signals or directional devices to the contrary. On a side note, it is very possible that the driver on the main road could potentially be liable if it was determined that he lost control of his vehicle and that failure to maintain control was the proximate cause of the accident.
2007-12-19 21:51:06 · answer #3 · answered by wmwiv 4 · 2⤊ 0⤋
The car on the road has the right of way... Despite what the person backing out of the driveway states.
2007-12-19 21:47:11 · answer #4 · answered by Blue2Grey 2 · 5⤊ 0⤋
The car on the road has the right of way.
Doesn't matter that the other car has a blind driveway. They yeild to you... You have the right of way reguardless of road conditions or speed.
2007-12-19 21:53:06 · answer #5 · answered by somdmom22 2 · 4⤊ 0⤋
it is the fault of the person who is backing up. They should use extra caution when puling out of the driveway since it is a "blind" driveway, and obviously the person who was already on the street was trying to avoid the accident, and using caution determined by the speed limit and skid marks from trying to stop.OF course, no one is going to admit fault, and no one should slam on their brakes anyhow. people have to pump the brakes in slippery conditions.
2007-12-19 21:50:23 · answer #6 · answered by cul8r_32 4 · 1⤊ 2⤋
the person backing into traffic lanes is at fault he was entering the lane ,it is the same as if they are making a left turn across a lane of traffic and struck by on coming traffic they are at fault, as a driver you do not have the right of way when entering a lane of traffic while making a right or left turn
or pulling out or backing out of a driveway
2007-12-20 16:05:13 · answer #7 · answered by dreynolds699 5 · 0⤊ 0⤋
the driver on the road always has the right regardless of speed of driver or road conditions.
it is the responsiblity of drivers exiting out of a drive way to have a clear view and judgement to enter a road.
if he could not see it is still fault of driver exiting the driveway.as this happen to me from a blind spot and I was charged.
2007-12-19 21:54:55 · answer #8 · answered by doug_servicetek 3 · 1⤊ 0⤋
The ERROR falls on the driveway guy.
He can't back into traffic. Residential speed is 25mph. but slower in bad weather.
2007-12-19 21:50:14 · answer #9 · answered by Southern Girl 3 · 3⤊ 0⤋
I believe the police will side with the person on the road, unless evidence of speeding or unsafe driving exists.
2007-12-19 22:53:41 · answer #10 · answered by Anonymous · 2⤊ 0⤋