Two vehicles on a two lane road, clip mirrors, each claim they tried to avoid the incident.
One vehicle ends up with a cracked side mirror, the other has no damage. How is fault determined? Both vehicles are work vehicles from same company and safe driving is awarded yearly. Do you punish both or conclude you can not determine fault at 100% and give both a pass?

I'm a liability investigator - where was the debris (what side of the dividing line)?

What did each driver do to avoid the accident?

Was either vehicle able to swerve to its right or did a ditch, shrubbery, something block that move?

Speed?

Legal mirrors?

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Originally Posted by dje27

Do you punish both or conclude you can not determine fault at 100% and give both a pass?

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Hello d:

If you punish BOTH, the innocent one can SUE you, and I'd encourage him to do so.

excon

Quote:

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Originally Posted by excon

Hello d:

If you punish BOTH, the innocent one can SUE you, and I'd encourage him to do so.

excon

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- But how do you determine the innocent one?

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Originally Posted by JudyKayTee

- But how do you determine the innocent one?

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Hi Judy:

I don't know. That's YOUR bailiwick. But, if fault CAN'T be determined, and the company punishes the innocent one in order to make sure the guilty one gets punished, they'll get sued. And, they SHOULD get sued.

excon

Quote:

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Originally Posted by excon

Hi Judy:

I dunno. That's YOUR bailiwick. But, if fault CAN'T be determined, and the company punishes the innocent one in order to make sure the guilty one gets punished, they'll get sued. And, they SHOULD get sued.

excon

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Hmm - out of greenies. Agreed but if fault cannot be determined the company may have no choice but to "punish" both parties.

And then the two parties can fight it out.

Were both vehicles traveling in the same or opposite directions?

As Judy points out there is no way to judge based on the info provided. The fact that one encountered no damage is not an issue.

JudyKayTee,

There was no debris, side mirror cracked on one car travelling south, the one travelling north their mirror had no damage (the mirrors were the only thing that made contact).
Both claim they tried to avoid incident. Narrow country road, both traveling the speed limit, 35 MPH.
Both vehicles have legal mirrors.

Quote:

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Originally Posted by JudyKayTee

And then the two parties can fight it out.

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Hello again, Judy:

Or, as the company posited, they could let 'em BOTH off the hook. Often times guilty people go free so that the innocent don't get punished. But, THAT'S the American way.

excon

Quote:

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Originally Posted by dje27

JudyKayTee,

There was no debris, side mirror cracked on one car travelling south, the one travelling north their mirror had no damage (the mirrors were the only thing that made contact).
Both claim they tried to avoid incident. Narrow country road, both traveling the speed limit, 35 MPH.
Both vehicles have legal mirrors.

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In this instance, I would assign equal fault. I live in a suburban area with fairly narrow streets. Very often two cars cannot pass each other. Generally, it is sort of a chicken contest. One car decides to pull over and wait for the other to pass. If neither tried to pull over they didn't exercise good judgment and are equally at fault.

Again - what exactly did both drivers do to avoid the accident AND could they have moved further to their right?

I cannot give an educated opinion unless my questions are answered.

Quote:

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Originally Posted by excon

Hello again, Judy:

Or, as the company posited, they could let 'em BOTH off the hook. Often times guilty people go free so that the innocent don't get punished. But, THAT'S the American way.

excon

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Well, debtors prison was also eliminated so maybe it's not an all bad system and, quite frankly, I don't know what other system to put in the current American system's place - at least when it comes to MV accidents.

Judy, I did move to the right of the road, it is sooo frustrating because I know what I did and the other person is covering their butt. But the other person says I encroached the line, but I did not, so we have a he said, she said situation and a cracked mirror. I don't see how one can make a determination of fault that is 100% accurate, so then how can they blame both when truly there is one that is not guilty.

Was there a police report? Was the company called to the scene?

So there is a he said/she said. In that case the company splits the cost of repairs between you. Can you think of a fairer result?

Agree with Scott and if it's company policy that you lose a safe driving record when you have an accident - you had an accident.

I once lost a safe driver discount because my car was hit WHEN IT WAS PARKED AND I WAS NOT IN IT. The policy said "no accidents." It did not say "no accidents that were your fault."