Sometimes the bug smashes you.

forana · Jun 30, 2023

Sungod said: ↑

You really don't understand. The laws are not to protect those the stupid. Our responsibility is put on those that are responsible. If you could tag someone from behind every time they did something stupid, it would be chaos. Whether that is not using their turn signal, brake lights not working, cutting in front of someone etc. There are a lot of stupid things people do that go unpunished because it is the responisibility of the person behind them to anticipate stupidity.

Your assertation of the use of the turn signal is a fine example of that ignorance. The turn signal indicates exactly that, a turn is pending. That could be a lane change, a turn off the road, etc. It is an indication to the driver behind you that you are going a particular direction so they need to be aware.

In this situation, it appears he didn't use his turn signal. He hasn't denied it so we can assume that to be correct. You don't hear it, you don't see it so unless he has a silent flasher, he didn't use it. That alone doesn't mean that he wouldn't have been hit, but there is a good chance that had he given the driver the proper notice, she could have taken evasive action.

Now you also need to separate the law from liability. He could have been cited for not using his signal, but she undoubtedly would be cited failure to control a vehicle. If she did have insurance, this is where they fight it out. Has nothing to do with the law, has everything to do with who would win a civil suit. These are two totally separate issues. His posting of the video showing he didn't use his turn signal in some states would be considered contributory negligence. This could either favor the other driver or could negate any potential damages awarded to him (which is why he should take the video down). It is all really a moot point since she didn't have insurance. If he didn't have uninsured motorist, it is really moot unless she has a substantial amount of liquid assets. He could take her to court and win, but civil judgements are not the same as criminal. She doesn't have to pay if she doesn't have the money.

If he does have UM which he probably does if his truck if financed (again, this varies by state), then his insurance could take a look at his video and decide against him.

Bottomline, use your turn signals. They are there for a reason.
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Whelp, case closed. Turn signals were used and didn’t matter. Can we move on the the real issue? Dudes hurting physically mentally and emotionally.

Rusty66 · Jul 1, 2023

Advice:
Pull the video down and let the lawyers handle it.
I wish you a full recovery.

Redsquirrel · Jul 1, 2023

Sharpish said: ↑

I never said it was his fault. It was the VW driver’s fault. What I’m saying is that is a high risk turn with a strong probability of getting rear ended. Make room, signal, watch behind you, brake hard and get over and out of the fucking way would be the best way to avoid getting run over in that situation.
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make room? lol he's in the right hand lane he doesn't have to drive on the shoulder to turn there is no off ramp and he does not have to get out of the way for traffic when they can pay attention and move left to pass. Its like merging into traffic it is the person that in merging job to either speed up or slow down to get into traffic not the person in the right hand lane.

Redsquirrel · Jul 1, 2023

Sungod said: ↑

Wow, the civilian in uniform bringing out the all CAPS! Must be serious! You seem to be adding in other factors that didn't exist. Sure he could have been struck by tractor beam and hit a space time continuum. Lots of variables here, but sticking to what the video shows, he didn't use his turn signal. That in regards to these facts and only these fact, is contributory negligence. Not saying anything about any other scenario. When you go to court, if you start talking about other scenarios, you will get shut down with an "objection" before it can leave your mouth. Contributory negligence doesn't mean that you are at fault or the other party is at fault, it means that you added to incident. Would the person still have hit him? Maybe. We don't know, but we know that you are required by law to signal a turn and there is potential that the accident could have been avoided. It is up to a jury to determine who is at fault or to what degree they are responsible.
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civilian in uniform? lol what the hell does that mean?

jackn7 · Jul 1, 2023

Weeeeee! TW being TW!!!
On a more serious note, to the OP I really hope you start feeling better soon. Glad it wasn’t any worse. Also glad to hear she’s got valid insurance! Hopefully they get your new truck situated in your favor sooner than later.

Vmax540 · Jul 3, 2023

Daily, I make a right hand turn off a posted 55mph road (people go 65+) onto my road which angles back in the direction that I was traveling and there is always loose gravel which also, makes for a slower turn. As with any turn one should always be checking the rear view mirrors especially, today with all the distracted drivers.

capequahog · Jul 3, 2023

all the best, recovery and ins, my 2017 directionals don't click anyway I don't think

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