Rear ender - always at fault???
 

In article >,
Timothy J. Lee > wrote:
>In article <1104008928.3f5bd656497441cf444d155d097d9800@teran ews>,
>Zipless > wrote:
>>If the speed limit is 55 and you are going 55 (I was
>>actually going about 50), you cannot expect there to be a stopped car our of
>>your sight line.
>
>You are supposed to go at a speed that is safe for the conditions.
>
>If the posted speed limit is 55, but some portions of the road have
>curves, hilltops, and other conditions that limit sight lines, then it
>may not necessarily be safe to go 55 on all parts of the road. Similarly,
>if heavy fog or other bad weather conditions limit sight lines, you
>may not be able to safely go the posted speed limit. If a stationary
>obstacle (such as a traffic jam of stopped cars) appears at the limit
>of your sight distance ahead, you need to be able to stop for or otherwise
>avoid crashing into it.

That is the law in some states, but not all. In Massachusetts there
is neither a "rear driver presumed guilty" nor an "assured clear
distance" law. As required by state regulation the insurance
companies will normally assign fault to the rear driver and to a
moving vehicle that strikes a parked vehicle. That's for insurance,
not out of pocket expenses and not tickets. If the case gets to
court it's up to the lawyers to convince the jury.

There was a blind curve on I-84 in Connecticut where the state posted
a reduced speed limit but left lane traffic still did not have adequate
sight distance.

--
John Carr )

In article >,
John F. Carr > wrote:
>In article >,
>Timothy J. Lee > wrote:
>>In article <1104008928.3f5bd656497441cf444d155d097d9800@teran ews>,
>>Zipless > wrote:
>>>If the speed limit is 55 and you are going 55 (I was
>>>actually going about 50), you cannot expect there to be a stopped car our of
>>>your sight line.
>>
>>You are supposed to go at a speed that is safe for the conditions.
>>
>>If the posted speed limit is 55, but some portions of the road have
>>curves, hilltops, and other conditions that limit sight lines, then it
>>may not necessarily be safe to go 55 on all parts of the road. Similarly,
>>if heavy fog or other bad weather conditions limit sight lines, you
>>may not be able to safely go the posted speed limit. If a stationary
>>obstacle (such as a traffic jam of stopped cars) appears at the limit
>>of your sight distance ahead, you need to be able to stop for or otherwise
>>avoid crashing into it.
>
>That is the law in some states, but not all. In Massachusetts there
>is neither a "rear driver presumed guilty" nor an "assured clear
>distance" law.

But doesn't MA have a "basic speed law" that says that you must
go at a speed that is safe for the conditions? Going around a
blind curve at a speed that will not allow you to stop for or go
around stopped traffic in a traffic jam (a fairly common situation)
does not fit the definition of a speed safe for conditions.

--
------------------------------------------------------------------------
Timothy J. Lee
Unsolicited bulk or commercial email is not welcome.
No warranty of any kind is provided with this message.

In article >,
John F. Carr > wrote:
>In article >,
>Timothy J. Lee > wrote:
>>In article <1104008928.3f5bd656497441cf444d155d097d9800@teran ews>,
>>Zipless > wrote:
>>>If the speed limit is 55 and you are going 55 (I was
>>>actually going about 50), you cannot expect there to be a stopped car our of
>>>your sight line.
>>
>>You are supposed to go at a speed that is safe for the conditions.
>>
>>If the posted speed limit is 55, but some portions of the road have
>>curves, hilltops, and other conditions that limit sight lines, then it
>>may not necessarily be safe to go 55 on all parts of the road. Similarly,
>>if heavy fog or other bad weather conditions limit sight lines, you
>>may not be able to safely go the posted speed limit. If a stationary
>>obstacle (such as a traffic jam of stopped cars) appears at the limit
>>of your sight distance ahead, you need to be able to stop for or otherwise
>>avoid crashing into it.
>
>That is the law in some states, but not all. In Massachusetts there
>is neither a "rear driver presumed guilty" nor an "assured clear
>distance" law.

But doesn't MA have a "basic speed law" that says that you must
go at a speed that is safe for the conditions? Going around a
blind curve at a speed that will not allow you to stop for or go
around stopped traffic in a traffic jam (a fairly common situation)
does not fit the definition of a speed safe for conditions.

--
------------------------------------------------------------------------
Timothy J. Lee
Unsolicited bulk or commercial email is not welcome.
No warranty of any kind is provided with this message.

In article >,
Timothy J. Lee > wrote:
>In article >,
>John F. Carr > wrote:
>>In Massachusetts there is neither a "rear driver presumed guilty"
>>nor an "assured clear distance" law.
>
>But doesn't MA have a "basic speed law" that says that you must
>go at a speed that is safe for the conditions? Going around a
>blind curve at a speed that will not allow you to stop for or go
>around stopped traffic in a traffic jam (a fairly common situation)
>does not fit the definition of a speed safe for conditions.

In Massachusetts one must drive at a speed that is "reasonable and
proper, having regard to traffic and the use of the way and the safety
of the public." There is nothing in the law about a "safe" speed, or
a speed guaranteeing ability to avoid a collision or damage, as a few
states require.

Whether a speed is in fact unreasonable is for the court to decide.
You get to tell the jury why the guy who hit you was driving too fast,
or otherwise unsafely. The other guy gets to tell the jury why it
wasn't his fault. It's a battle of persuasion, more than elsewhere,
because compared to other states the Massachusetts courts have
strongly disfavored judicial presumptions in traffic cases.

You assert that stopped traffic around a blind curve is common but in
fact the incidence varies widely from place to place. When I used to
commute at 4:00 AM I pushed my car right up to the limit of sight
distance, so that it would take maximum braking to stop if an
obstruction were around the next corner or over the next hill. I
never even had to hit the brakes due to an object coming into view
around a curve. Near the other extreme, there is a ramp I use often
where two lanes merge into one after a curve and traffic is often
backed up on and approaching the one lane road. I don't push the
limits there.

--
John Carr )

In article >,
Timothy J. Lee > wrote:
>In article >,
>John F. Carr > wrote:
>>In Massachusetts there is neither a "rear driver presumed guilty"
>>nor an "assured clear distance" law.
>
>But doesn't MA have a "basic speed law" that says that you must
>go at a speed that is safe for the conditions? Going around a
>blind curve at a speed that will not allow you to stop for or go
>around stopped traffic in a traffic jam (a fairly common situation)
>does not fit the definition of a speed safe for conditions.

In Massachusetts one must drive at a speed that is "reasonable and
proper, having regard to traffic and the use of the way and the safety
of the public." There is nothing in the law about a "safe" speed, or
a speed guaranteeing ability to avoid a collision or damage, as a few
states require.

Whether a speed is in fact unreasonable is for the court to decide.
You get to tell the jury why the guy who hit you was driving too fast,
or otherwise unsafely. The other guy gets to tell the jury why it
wasn't his fault. It's a battle of persuasion, more than elsewhere,
because compared to other states the Massachusetts courts have
strongly disfavored judicial presumptions in traffic cases.

You assert that stopped traffic around a blind curve is common but in
fact the incidence varies widely from place to place. When I used to
commute at 4:00 AM I pushed my car right up to the limit of sight
distance, so that it would take maximum braking to stop if an
obstruction were around the next corner or over the next hill. I
never even had to hit the brakes due to an object coming into view
around a curve. Near the other extreme, there is a ramp I use often
where two lanes merge into one after a curve and traffic is often
backed up on and approaching the one lane road. I don't push the
limits there.

--
John Carr )