Accident with a truck stopped on the road side to do road work with no sign Today I had an accident with a truck stopped on the roadside for doing some road work with no signs showing that. Only the flashers were on. My question is Should that truck have had. Only the hazards were on. I live in the state of Georgia. Thanks
Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them depending on the details. However, when a driver hits a stopped object (including another vehicle), it is always the driver's fault for not operating his vehicle safely. It is possible the other vehicle may also receive a minor parking ticket or similar infraction for stopping on a shoulder or other invalid place. But that citation will not do anything at all to relieve your responsibility to operate your car without hitting obstacles.
In the US, obscenities, insults, racial slurs and so on are legal, owing to the First Amendment. An actual, believable threat to maim you would not be legal, under Cal. Penal 422, but "I oughta punch you" would not be a criminal threat. Some forms of aggressive driving constitute reckless driving, if they are driving "in willful or wanton disregard for the safety of persons or property". It is also against the law to follow too close (you must follow reasonably and prudently). Exceeding the speed limit is a violation of Veh. Code 22352, even if it's to pass a guy on a bike. Of course, we can't tell if you are obeying the law, but even if you were doing something illegal in your biking such as blowing away a stop sign, "the other guy was bad" is not a defense against a citation for illegal driving.
The situation in Texas is complicated. Driving faster than the posted maximum speed limit is not in and of itself a crime; rather, per Texas Transportation Code 545.352(a), it is prima facie evidence that the speed is a violation of 545.351(a): &quot;An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing&quot;. It is theoretically possible to defeat a speeding ticket by demonstrating that the speed was, in fact, reasonable and prudent. Texas also has a law regarding minimum speed, 545.363(a): &quot;An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law&quot;. Since the speed limit is not a hard limit, the &quot;compliance with law&quot; clause does not protect you. If you get rear-ended while driving slower than the flow of traffic, your best defense is probably 545.351(b)(2): &quot;An operator...shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care&quot;. The question in court becomes your claim that driving slowly constituted &quot;due care&quot; versus the other driver's claim that their speed was &quot;reasonable and prudent&quot;. It's likely that you'll win, but it's not the slam-dunk case that it would be in a state where posted speed limits were hard restrictions.
I believe the answer you seek can be found by searching for the terms &quot;(desired state name) statutes pedestrian crossing.&quot; In the case of the state of Florida, there are references to the situation you describe. Some of it appears slightly contradictory, but the ones that apply are not ambiguous: (10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb. The contradictory portion appears thus: (11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. There appears to be no reference regarding distances between adjacent intersections. It's unreasonable for one to be expected to walk a half mile (0.8 km) if there's a mile between intersections. There's an area nearby in which the traffic control signals are spaced about that distance apart. Cities may have specific regulations regarding such activities.
Can't park within 30 ft of a stop sign. Tex Tn Code 545.302 b4. If this is the law they don't need to post a sign. http://codes.lp.findlaw.com/txstatutes/TN/7/C/545/G/545.302
I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here, Question 1: If I understand this right you have a law that you do not enforce that carries moderate sanctions and you are asking that a law that you do not enforce with greater sanctions will be a greater deterrent? Well ... no (see here). If you want to stop the behavior you have to enforce the sanctions that you have in a fair and impartial way. I would suggest that you make it very clear that starting in early September the laws will be enforced - that gives people fair warning. Then, each weekend in September you bring in enough police (State Troopers?) to enforce the law. Its not going to take many $250 fines to make people stop. Question 2: No comment. Question 3: No comment. Question 4: Sounds like a good way of getting the city sued for negligence; just because people are breaking the law does not make it legal to hurt them. If you are serious then fencing the entire area may be worthwhile but the area would still need to be policed.
You can't sue her for not having insurance. You sue for the damage you suffered. You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son use the car, and then let the judge sort out who gets landed with the liability. Depending on the rules in your jurisdiction you might have to pay her travel expenses and/or lost wages if the judge decides she wasn't to blame (and the same for her son, but that sounds like a slam-dunk). However you might be better off going for victim restitution. That way the order gets made as part of the criminal case against the son. Less hassle for you, and the state authorities are responsible for actually getting the money out of them. Edit: It turns out that Idaho has the Family Car Doctrine in its law, so the mother is legally liable for her son's accident (thanks to ohwilleke for the pointer).
Courts, particularly traffic courts, tend to take a police officer's word over that of an accused person. While legally the limit is 70, the driver has very little recourse if the officer claims falsely that the actual speed was over 70. But the deterant effect of a posted limit is lost, since drivers in general have no way to know that Officer O will ticket anyone going over 60. I suppose that driver D, or D's lawyer, could subpoena calibration records of any radar gun or other measuring devise used, and could insist on its being tested. However, unless they had reason to think there was an issue, I wonder if D and D's lawyer would go through that process. Some speed measuring devices print a paper slip showing the date and time along with the reading. If such a device was used that record would be harder to alter. Some cars are now equipped with devices provided by insurance companies that record speeds and other driving info in a secure way to help judge a driver's safety and allow individual rate setting. It might be that the record from such a device would be admissible to show the speed was under the posted limit. But there is a sense in which the law is what the police and the courts enforce. If anyone who drives the road over 60 is cited and must pay, one could say the effective limit there is 60.