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hit by a truck

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judge425

Member
You Are Guilty said:
And I'll be waiting for you to back this statement up. :rolleyes:


Glad to see ya again YAG.. yes indeed it is true.. the fact that a driver does not possess a valid NYS drivers license, let alone a permit is inadmissible to demonstrate negligence in the State of New York. You should really stick to your crim law and leave the negligence for those of us who actually practice such.. If you would really like an education..please ask and ill follow with citations for your convenience.. We know your mama didnt teach you anything, but didnt the last judge give you an education when you attempted at trying a civil negligence case?
 


T

Trucking Mad

Guest
jjsdriving said:
If the truck driver has a class A CDL (commercial drivers license) he is at fault, even if he did have the right of way.As a professional driver, he has to make sure it is safe to proceed and must do everything in his power to avoid an accident. According to the National Safety Board of Transportaion there are very,very few accidents that a professional driver can claim as Non-Chargable.
This is what is taught at driver training schools for Semi/ Tractor-Trailer courses which has nothing to do with right of way laws. Right of way pertains to all drivers regardless.
When you approach a 4-way stop at the same time as another vehicle who has the right of way? (Basic)
 

judge425

Member
Trucking Mad said:
When you approach a 4-way stop at the same time as another vehicle who has the right of way? (Basic)

any vehicle that is turning must yield the right of way.... If not, the exercise of due dilligence by each of the respective drivers will ultimately dictate who is at fault in an intersection accident where both are confronted with a stop sign..A number of factors could weigh into the analysis such as who if anyone of the drivers was traveling on a major roadway, visibility beyond the intersection to approaching traffic, type of vehicles involved...etc. The totality of the circumstances will define fault in such a situation..although rare..it may be a 50-50 split in liability if the scales dont tilt in anyones favor..
 
T

Trucking Mad

Guest
judge425 said:
any vehicle that is turning must yield the right of way.... If not, the exercise of due dilligence by each of the respective drivers will ultimately dictate who is at fault in an intersection accident where both are confronted with a stop sign..A number of factors could weigh into the analysis such as who if anyone of the drivers was traveling on a major roadway, visibility beyond the intersection to approaching traffic, type of vehicles involved...etc. The totality of the circumstances will define fault in such a situation..although rare..it may be a 50-50 split in liability if the scales dont tilt in anyones favor..
That is a very indepth.
 

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