another one bites the dust
03-13-2009, 09:02 AM
#31
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I will join the debate on this one with examples.
First Example:
Let's say I am traveling on the highway going 80 mph in a 65 mph zone, and I pass someone using the left lane. Once I pass them, they immediately speed up and try going faster, lose control, and get into an accident. This, I believe, is not my fault because as a reasonable person, I could not have anticipated I would cause someone to lose control simply by passing him.
Second Example:
Let's say I'm traveling on the highway again going 80mph in a 65 mph zone. Instead of passing the guy, I slow down to meet eye-to-eye, and signal that I want to go for it. We both go WOT and he loses control and gets into an accident (lets assume I am unharmed). In this situation, I took steps to knowingly engage in an illegal activity in which a reasonable person knows can cause unwanted consequences, such as an accident. In this case, I believe I would be at fault per the law since I engaged the other party and I should, per common sense, known that something bad could happen.
I think Andy's example of his buddy speeding in the opposite direction is like example #1. Sure, he's speeding, but no one has the reasonable forethought to think he would cause a cop coming in the opposite direction to lose control.
I think the topic at hand with the Ferrari/Porsche is example #2. IF they knowingly engaged in a street race, I agree the Porsche driver has some liability. To what extent? I'm not sure...
Basically the concept here (I'm by no means a lawyer or have any formal education, but this is a basic concept of law that I've learned) is that a reasonable person with common sense should be able to anticipate the consequences of their actions. This is not my opinion, but rather a concept found in current law.
First Example:
Let's say I am traveling on the highway going 80 mph in a 65 mph zone, and I pass someone using the left lane. Once I pass them, they immediately speed up and try going faster, lose control, and get into an accident. This, I believe, is not my fault because as a reasonable person, I could not have anticipated I would cause someone to lose control simply by passing him.
Second Example:
Let's say I'm traveling on the highway again going 80mph in a 65 mph zone. Instead of passing the guy, I slow down to meet eye-to-eye, and signal that I want to go for it. We both go WOT and he loses control and gets into an accident (lets assume I am unharmed). In this situation, I took steps to knowingly engage in an illegal activity in which a reasonable person knows can cause unwanted consequences, such as an accident. In this case, I believe I would be at fault per the law since I engaged the other party and I should, per common sense, known that something bad could happen.
I think Andy's example of his buddy speeding in the opposite direction is like example #1. Sure, he's speeding, but no one has the reasonable forethought to think he would cause a cop coming in the opposite direction to lose control.
I think the topic at hand with the Ferrari/Porsche is example #2. IF they knowingly engaged in a street race, I agree the Porsche driver has some liability. To what extent? I'm not sure...
Basically the concept here (I'm by no means a lawyer or have any formal education, but this is a basic concept of law that I've learned) is that a reasonable person with common sense should be able to anticipate the consequences of their actions. This is not my opinion, but rather a concept found in current law.
03-13-2009, 09:07 AM
#32
Originally Posted by Neutered Sputniks,Mar 13 2009, 11:49 AM
Oh, so because I drive spiritedly and have had an accident, my views on street racing are null and void? Gotcha. BTW, the accident wasn't due to spirited driving, I was being careless and didn't stop in time (I've never denied that I was at fault, just that it was a crappy situation).
Lets ask some of the forum members who have totaled cars by street racing.
And lets be realistic guys, there's a difference between all out street racing and driving spiritedly.
Lets ask some of the forum members who have totaled cars by street racing.
And lets be realistic guys, there's a difference between all out street racing and driving spiritedly.
03-13-2009, 09:10 AM
#33
Originally Posted by devs2k,Mar 13 2009, 01:02 PM
I will join the debate on this one with examples.
First Example:
Let's say I am traveling on the highway going 80 mph in a 65 mph zone, and I pass someone using the left lane. Once I pass them, they immediately speed up and try going faster, lose control, and get into an accident. This, I believe, is not my fault because as a reasonable person, I could not have anticipated I would cause someone to lose control simply by passing him.
Second Example:
Let's say I'm traveling on the highway again going 80mph in a 65 mph zone. Instead of passing the guy, I slow down to meet eye-to-eye, and signal that I want to go for it. We both go WOT and he loses control and gets into an accident (lets assume I am unharmed). In this situation, I took steps to knowingly engage in an illegal activity in which a reasonable person knows can cause unwanted consequences, such as an accident. In this case, I believe I would be at fault per the law since I engaged the other party and I should, per common sense, known that something bad could happen.
I think Andy's example of his buddy speeding in the opposite direction is like example #1. Sure, he's speeding, but no one has the reasonable forethought to think he would cause a cop coming in the opposite direction to lose control.
I think the topic at hand with the Ferrari/Porsche is example #2. IF they knowingly engaged in a street race, I agree the Porsche driver has some liability. To what extent? I'm not sure...
Basically the concept here (I'm by no means a lawyer or have any formal education, but this is a basic concept of law that I've learned) is that a reasonable person with common sense should be able to anticipate the consequences of their actions. This is not my opinion, but rather a concept found in current law.
First Example:
Let's say I am traveling on the highway going 80 mph in a 65 mph zone, and I pass someone using the left lane. Once I pass them, they immediately speed up and try going faster, lose control, and get into an accident. This, I believe, is not my fault because as a reasonable person, I could not have anticipated I would cause someone to lose control simply by passing him.
Second Example:
Let's say I'm traveling on the highway again going 80mph in a 65 mph zone. Instead of passing the guy, I slow down to meet eye-to-eye, and signal that I want to go for it. We both go WOT and he loses control and gets into an accident (lets assume I am unharmed). In this situation, I took steps to knowingly engage in an illegal activity in which a reasonable person knows can cause unwanted consequences, such as an accident. In this case, I believe I would be at fault per the law since I engaged the other party and I should, per common sense, known that something bad could happen.
I think Andy's example of his buddy speeding in the opposite direction is like example #1. Sure, he's speeding, but no one has the reasonable forethought to think he would cause a cop coming in the opposite direction to lose control.
I think the topic at hand with the Ferrari/Porsche is example #2. IF they knowingly engaged in a street race, I agree the Porsche driver has some liability. To what extent? I'm not sure...
Basically the concept here (I'm by no means a lawyer or have any formal education, but this is a basic concept of law that I've learned) is that a reasonable person with common sense should be able to anticipate the consequences of their actions. This is not my opinion, but rather a concept found in current law.
My only question would be if Andy's friend knew that the cop was turning around to pull him over and if so, what Andy's friend did in response.
I apologize if I incorrectly assumed that Andy's friend saw the cop turning around and continued to drive fast.
thread.
03-13-2009, 09:28 AM
#35
Originally Posted by Soul Coughing,Mar 13 2009, 01:07 PM
I don't see the distinction between racing someone on the highway and racing after someone on the back roads. In both cases, you are breaking the speed limits, endangering everyone around you and acting careless and immature. To say that someone who street races in a straight line is more dangerous than someone who drives 14 hours to hit up the tightest and most technical roads (not on a track) is hypocritical.
Again, not saying that I'm not guilty of driving spiritedly. But I guess once you've driven spiritedly on the Dragon once, you can't talk negative of anything street-racing related ever again...
EDIT: Now, if we're done with the ad-hoc attacks based my driving record, can we get back to the real issue here?
If you decide to street race, then you are responsible if something happens - as Dev posted.
03-13-2009, 09:55 AM
#36
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Originally Posted by Neutered Sputniks,Mar 13 2009, 01:10 PM
My only question would be if Andy's friend knew that the cop was turning around to pull him over and if so, what Andy's friend did in response.
I apologize if I incorrectly assumed that Andy's friend saw the cop turning around and continued to drive fast.
03-13-2009, 10:02 AM
#38
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Originally Posted by quickshifting,Mar 13 2009, 01:00 PM
if a train leaves ny at 7:05pm and heads east at 70 mph, and a train leaves chicago west at 7:10pm at 70 mph which train gets to the opposing city quicker?
how is this POSSIBLE?!!?
03-13-2009, 10:05 AM
#39
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Originally Posted by quickshifting,Mar 13 2009, 02:00 PM
if a train leaves ny at 7:05pm and heads east at 70 mph, and a train leaves chicago west at 7:10pm at 70 mph which train gets to the opposing city quicker?
03-13-2009, 10:05 AM
#40
Originally Posted by quickshifting,Mar 13 2009, 02:00 PM
if a train leaves ny at 7:05pm and heads east at 70 mph, and a train leaves chicago west at 7:10pm at 70 mph which train gets to the opposing city quicker?