Topic: Phew.. that was close.

[Black Hatch]

Like the rest of Canada it snowed over the weekend in Edmonton.  
Anyways I am going down Calgary Trail in the center lane cruising around the limit of 60 kph; the lane to my left is packed / queued  with cars at a standstill (waiting for the car at the end to turn left).  
Then this idiot driver in that lane turns out into my lane (about 15m ~  25m ahead of me; not entirely sure of distance but it was close).
Thanks to some quick reflexes (and a capable car) I was able to swerve around him from the right side.  (Maybe playing all those car games have a benefit.)

At the time I was thinking of a few things.
1. I didn’t want my new car to get hurt.
2. I was about 80% sure there were no cars on the lane to my right.
3. I was upset at the audacity of this person to pull into my lane without looking.
 
Now that I had time to reflect on it; what I did might have been a risky move.  
If there was a car on my right and we collided, the accident would be my fault?  
Or would it? Any way to place blame onto the mentioned idiot driver in the left lane?

[Mdxtasy]

I'm just assuming but I would say it would be your fault...but that other driver...if he/she didn't continue driving...could also be blamed as a cause for the accident.  I'd be sure to lay on the horn to voice my unhappiness toward the idiot who plays in traffic.  

I think it would still be put on you.  Glad nothing happened and we are just 'pretending'.

[Black Hatch]

I find it hard to lay on the horn when you are swerving around somebody. And by the time you are past... its almost a moot point to honk.

Some tips:
-good idea to have both hands on the wheel
-have a good situation awareness of where cars are around you
-expect the unexpected (i was already braking when the car was moving into my lane)

[Giant Dwarf]

Bhatch, by the sounds of those three pointers you referenced, you've taken Young Drivers of Canada, right?  Those are three of the things they ingrain in their students.  I can't say enough great things about their services and I took it 13 years ago.

[The Fuzz]

Not your fault, you were avoiding a collision. Hopefully someone will stick around and verify your story to eliminate any doubt.

[Black Hatch]

Nope not take any Young Drivers course.

Just something thats come through experience and common sense i think.

Plus those are things you have to be good at when you are playing a driving/racing game?

[Mdxtasy]

Hey City...so if Bhatch is not at fault, who pays for the damage to any property if there was a vehicle in the right lane assuming nobody stuck around to catch the identity of the swerving driver?

(Message edited by mdxtasy on December 06, 2004)

[ovr50]

If Bhatch were not at fault, would insurance in AB just treat that situation as a no fault accident and everyone pays their own deductible? This is assuming the real offending party who entered Bhatch's lane is long gone.

[Bullet Blue]

Interesting story as a similar incedent happened to one of my buddies earlier in the year. Except instead of swerving in the right lane to avoid hitting a car, he swerved to avoid hitting a little kid who darted out into the road after his tennis ball without looking. He thanks God every day that he avoided hitting that kid, but he  ended up side swiping a corolla that just so happened to be in his blind spot at the time. Both my buddy and the driver of the corolla saw what happened and the driver of the corolla agreed that my buddy had no other choice. BUT there was still damages to be paid. About $600 worth on the corolla and minor damages to my buddy's car. My buddy just assumed that if they went through the insurance companies, then they would view it as it being his fault, so he just payed the damages himself to the corolla owner and stayed out of the insurance companies.

[Sterling]

If I was the imaginary guy in the right lane and you swerved into me and hit me I would be looking at you or your insurance to pay my damages. If the accident-causing driver drove off into the sunset and if there was no definitive witness I doubt you'd get very far claiming that you weren't responsible for damaging my car. Somehow, I don't think that the argument that you avoided an accident by causing another one would absolve you of responsibility.

[Snowman]

Interesting scenario….what would you do in a no win situation? If a collision was inevitable in either  lane would you chose to rear end the car that cut you off rather than expose the passengers to a side impact form a car in the right lane. You would be under full braking and hit the car head on when all the restraints, airbags, and crumple zones work the best. If you chose to make a right turn and risk the side impact you may be pushed into more collisions.

[Drivesideways]

Well, Regis, since I'm out of lifelines and I have no friends to call, I'll take option A.  I think I would be more likely to lenghten the chain of dominos trying to move into another lane when there's a car already there.  Corroberating witnesses would be awfully nice to have though.  I'm always very nervous driving past a lane of stopped cars for this very reason.  You've got to be ready for it to happen, becasue odds are it will. I'm usually covering the brake in that situation.

[Black Hatch]

"I'm always very nervous driving past a lane of stopped cars for this very reason. You've got to be ready for it to happen, becasue odds are it will. I'm usually covering the brake in that situation."

Thats the hard part. I mean speed differential determines the severity of a collision. Thats why undivided highways are the worse you can be in.  
In a one-directional travel, what speed would optimal if you are traveling the Whitemud freeway (Deerfoot Trail in Calgary) if the lane to your right is stopped. Seems to happen alot of the time; it forces the entire road to slow all the way down.

As for my situation, I was already on the brakes... but based on the distance, condition of the road (snow covered), there would have been no room to stop in time.  

Plus I just got my car a few months ago.

[The Fuzz]

I guess I should re-word that. In the eyes of the law you would not be found "at fault" and therefore not be given a ticket. The insurance companies will do their own 'fault assessment' and we all know how they work!  

I would think that everyone would pay their own deductables and move on, but I'm not sure. If I worked in the insurance business I'd be rich and retired by now.

[Mdxtasy]

If somebody turned into me....I'd be a little unhappy if I had to pony up for the damages.

[Black Hatch]

You're supposed to try to avoid them and turn into the next lane like they did.

Hmmmm this kindof reminds me of Tron; remember that scene where two light cycles trap their opponent in their wake when they come together and the cycle in the middle doesnt brake.

[Mdxtasy]

Yeah right...like I want to cause an accident.  

[Black Hatch]

What if the car in front of you was a big trailer with huge I-beams sticking out at about the height of your windshield?

[Mdxtasy]

Then I doubt it could have turned into the right lane from a standstill.  

Trust me, if it isn't a kid running across the street, I'd rather not swerve and hit somebody else (just to avoid you) and have them come after me for their damages.  I'd rather come after you.

[ovr50]

Md - that's why it is called an "accident".. You'd only have to pay your own deductible.  

(Message edited by ovr50 on December 08, 2004)