Forum Index
»
Fairfax County Public Schools (FCPS)
Nice try, but the Virginia code is clear: § 46.2-823. Unlawful speed forfeits right-of-way. The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article. |
DP. No, you cannot always "simply tell" that a car that appears to be a certain distance away is going to close that gap far faster than you realize. Comparing it to a baseball coming at you is nonsense. Have you never, ever glanced in your rear view mirror and seen a car behind you that seemed almost on the horizon, looked back at the road momentarily because you're driving, and suddenly that distant car is practically at your bumper? That's what speeding does, especially very high rates of speed. The Toyota driver literally might never have seen the BMW coming until the last second. Because, SPEED. Not "depth perception" on the Toyota driver's part. Extreme speed on the BMW driver's part. Stop being one of the people here trying to find ways to excuse any of what the BMW driver did. |
|
The idea that the 4Runner should have known that the BMW distance is just wrong as proved by the terrible crash on River Road in MD a few years ago. Depth perception is off when someone is going at an excessive rate of speed. That young male driver got 12 years in jail for basically wiping out a family due to stupidity.
https://patch.com/maryland/bethesda-chevychase/driver-going-115-mph-river-road-crash-sentenced-3-deaths |
|
I live near the area and I've used that intersection a lot (from the direction of the BMW) b/c my kid went to Mosby Woods (which is on Five Oaks). I drove on Blake today to get back home. I was in the traffic direction that the Toyota 4 Runner would have travelled (going north on Blake). I made a mental note of what the sight line is like for the Toyota as it prepared to turn left. Basically, there is one block of visual sight line in the lane that the Toyota had to cross. So, the Toyota driver would have been able to see a block worth of traffic coming at him. And anyone coming south (such as the BMW) would have a full block view ahead toward the intersection of Black and Five Oaks. (prior to that, there is a bit of a dip/hill). Anyone driving south (such as the BMW) would have had one full block of driving time to slow down if a car was in the process of turning across its lane. If the BMW/south bound car was going 55 mph, there would be plenty of time to slow down significantly -- even if it made some impact. The fact that the crash was SOOO forceful that the BMW ricocheted off, hit the girls and still had enough force to take out a wooden pole, suggests that the BMW had quite a bit of velocity heading into the crash. We know that the Toyota could not have been going very fast because it just started moving after a full stop. I would think the Toyota couldn't have been going more than 15 mph. Accident reconstruction experts will determine how much speed the BMW had. But, if they had been speeding only 20 mph over the limit, there was enough time (based on the sightline) to slow down or stop. |
| It's kind of a mircale the toyota driver was apparenty unharmed. If the BMW had been another SUV, likely a different story. |
If you were going 45 on Blake, you would have had time to see a turning vehicle and significantly reduce your speed before impact, or completely stop (avoiding impact). The BMW driver apparently wasn't paying attention to what was happening in the intersection A FULL BLOCK AHEAD of him, AND ALSO was speeding FAR above the speed limit. |
IF ONLY! (re: the bold). (nice pun!) |
+1 |
|
Question about parental liability for parents of an 18 yr old:
If you (parents) have an adult driver on your insurance (i.e. the 18 yr old), can someone sue YOU the parent for the 18 yr old's negligence? I would expect that the parents can be sued for a minor's negligence. Does it change the culpability if the negligent party is an adult? Is it enough to go after the parents if they provide the insurance policy for the adult (18 yr old)? |
It's not enough for them just to be the owners of the policy, but depending on the facts, they could be on the hook via a theory of negligent entrustment. |
Don't some car insurance policies have a lawsuit liability coverage option? I think ours covers us up to $250K if the other driver or bystander sues me or DH....of course the insurance companies duke it out and try to settle. |
|
According to what I read, the BMW took out a bunch of mailboxes too. So it ricocheted off the 4 Runner, hit the curb, ran through 3 girls with full backpacks and laptops, hit a bunch of mailboxes and still had enough force to take down a utility pull.
The BMW crash deformation was also horrible. Its crumble zones didn’t crumble and the BMW pedestrian protection (the hood is suppose to pop up high to make the pedestrian go over the car, not under) didn’t work at all. The 4Runner (a far older body on frame design) actually deformed properly and protected the Toyota driver completely. And the Toyota deformed enough to save the BMW driver’s life. BMW is pure garbage. Always was and always will be. The Toyota actually worked as design (no surprise there). |
Well, of course a car insurance policy has liability coverage. But the young driver is insured. The question is who can be sued. With people dead, the carrier is going to offer up policy limits, full stop. The question becomes who has assets and who can the families pursue. Odds are, the parents have assets. So, what's the theory under which they can be sued. There are a couple. |
Wanted to add--the issue is the policy limits are almost certainly insufficient for the claims involved. Unless the parents had a very large umbrella policy. I personally have a $2 million umbrella policy on top of a 500K auto liability policy, but 2 dead plus hospital bills--with young people--the damages involved are HIGH. |