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Fr_Chuck · Mar 20, 2009, 06:29 PM

I can speak on TN and GA law, since I not only investigated many accidents, am POST certified to investigate and wrote 100's of tickets because of accidents.

While the parked vechile may be ticketed for iilegally parked, or because of blocking the highway, the person at fault for the accident would be the moving vechile, since my law, they are required to not be moving at a speed faster than they can stop before hitting something in the road way. So yes, if your reflexes are so poor that you can not drive the speed limit and stop, then you perhaps should not be driving or drive slower. If you can not go the min speed on a highway and have the reflexes to stop, then you should not be on the highway.

blurosestar17 · Mar 20, 2009, 09:05 PM

Originally Posted by Fr_Chuck

So yes, if your reflexes are so poor that you can not drive the speed limit and stop, then you perhaps should not be driving or drive slower. If you can not go the min speed on a highway and have the reflexes to stop, then you should not be on the highway.

Right, so if 4 other cars also hit the same car all at least 10 ten seconds between each interval, than 100% of us drivers should not be qualified to be driving on the road? Wouldn't road conditions even be considered (a blind corner, no warning lights, no hazard signs, the driver didn't try warning oncoming cars, or never called chp to call it in?)? Whould I be able to argue that in court?

Fr_Chuck · Mar 20, 2009, 09:19 PM

You can argue anything in court, you could find a judge who will not fillow the letter of the law. But yes, if each car hit the parked, and then wrecked car, each driver would be in violation.

Happens every day in multi car pile ups, I have written 4 tickets before, each car hit the car in front of it, they got following too closely,

The issue is that you were not able to keep your vechile under control, into the fact that you have a obligation to be able to stop if something was in the road, perhaps a teenager crossing ( even crossing illegally)

Many driving laws are by statue, in that there is no real reason allowed to break them unless that reason is written into the law.

U turns are one example, it is illegal to make a U turn unless it can be done safely, so as long as you don't have a wreck it is legal, if you have a wreck, then it was a illegal one.