Say suppose a RV is way over the yellow line. An oncoming car is approaching and to avoid a head on collision, the car runs off of the road in a ditch, panicked, and jerked the car back onto the road and hit the side of the RV. Who's at fault? Or instead of hitting the side of the RV, what about another car and made no contact with the RV?
I had a close call one time with a car over the yellow line coming from the other side of a hill. I didn't have time to react or do anything. I'm just glad my car is small and I wasn't close to the yellow line at the time. See this question for more about it: http://answers.yahoo.com/question/index;_ylt=ApbuXn5C_UwlKOJnWsZbqsnty6IX;_ylv=3?qid=20090606152107AAr2YCD
The proper response to someone in your lane is to head as far right as possible while SLOWING to a stop if needed. (while flashing lights, sounding the horn and anything else possible to get the other driver to pay attention.)
Jerking the vehicle back onto the road is considered unsafe. If a vehicle leaves the road for any reason it should be brought to a safe stop and then slowly and gently returned to the roadway when it is safe to do so. A good driver is watching far enough ahead and has complete control over his vehicle and thus can avoid that situation without "panic".
Loss of control of a motor vehicle makes the person at fault under law. The driver who left the road could be cited for failure to control a motor vehicle! (Falls under Reckless Driving, or Driving as to Endanger depending on state.)
Insurance companies now operate under a percentage of fault policy. They would find the driver who lost control to be at fault, but not 100%. The other driver would be found partially at fault as well. If the RV was involved in the accident. If an innocent 3rd party in another car was hit, that driver would have no liability in the accident and the insurance company would find the driver who lost control 100% at fault.
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June 20, 2009 at 08:14 pm
unless it was on tape or had a ton of witnesses it would be almost impossible to prove the RV was on the wrong side of the road.
References : -
June 20, 2009 at 08:26 pm
The proper response to someone in your lane is to head as far right as possible while SLOWING to a stop if needed. (while flashing lights, sounding the horn and anything else possible to get the other driver to pay attention.)
Jerking the vehicle back onto the road is considered unsafe. If a vehicle leaves the road for any reason it should be brought to a safe stop and then slowly and gently returned to the roadway when it is safe to do so. A good driver is watching far enough ahead and has complete control over his vehicle and thus can avoid that situation without "panic".
Loss of control of a motor vehicle makes the person at fault under law. The driver who left the road could be cited for failure to control a motor vehicle! (Falls under Reckless Driving, or Driving as to Endanger depending on state.)
Insurance companies now operate under a percentage of fault policy. They would find the driver who lost control to be at fault, but not 100%. The other driver would be found partially at fault as well. If the RV was involved in the accident. If an innocent 3rd party in another car was hit, that driver would have no liability in the accident and the insurance company would find the driver who lost control 100% at fault.
References :
National Safety Council Safe Driver Course.