Advocacy & Safety - Who's at Fault in a Collision? And Who Decides?
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here's a good little article from Biking in LA
http://bikinginla.wordpress.com/2009/08/27/who-is-at-fault-in-cycling-collisions-and-who-decides/
A police officer can't determine liability though. Only a judge can.
if the police officer doesn't cite the motorist, a judge never even hears the case.
anyhow, crash stats are compiled from police or DMV accident reports, not court decisions. Police accident reports typically assign fault to one or both parties, based on the investigating officers judgement.
if the police officer doesn't cite the motorist, a judge never even hears the case.
No tickets needed for civil liability cases.
The source of the original article can be found on http://www.ipmba.org/newsletter.htm
Scroll down the IPMBA newsletter listing and you will be able to read parts 1 and 2 of the officer's arguments
No tickets needed for civil liability cases.
Quite true. I was run over by a driver in an SUV. He had decided to drive suddenly on the wrong side of the road because it made turning into a parking lot easier. He beat the ticket. But beating the ticket had no effect on the fact that he was 100% liable for the damages.
gcottay
08-28-09, 08:22 AM
In some locales traffic officers are taught to avoid assigning fault unless they are issuing citations.
The source of the original article can be found on http://www.ipmba.org/newsletter.htm
Scroll down the IPMBA newsletter listing and you will be able to read parts 1 and 2 of the officer's arguments
good link, thanks!
:)
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