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mattdavis11 09-13-2007 06:09 PM

What would you do?
 
So I'm bopping down the interstate to class this am, and traffic was backing up a tad. I'm in the right hand lane, and being in the Cruiser I can see an idiot ahead that makes me feel uncomfortable, so I switched lanes.

Damned good thing I did, because said moron caused a rear ender. He wasn't hit but 3-4 cars directly behind him went nose to tail. I probably would have been in it if not for intuition, thank goodness.

Anyway, this dipschit seemed to be "looking" to cause something, I'm almost sure of it. There was nearly 200 yards of clear lane in front of him when this all came to being. Man, I really felt like removing him from the roadway. I didn't of course, but I still remember his plate #.

I feel bad for the folks involved, it was totally uncalled for. My knowledge of the law tells me that he is in violation of stopping, standing or parking in the roadway, and leaving the scene of an accident. For that matter, I guess since I didn't stop and render aid, I'd be up a creek to, but it was a 4-5 mile an hourer, surely there weren't any injured persons. What would you have done?

legion 09-13-2007 06:13 PM

He was probably causing a "staged" accident.

Car number 1 (idiot) = cause of accident
Car number 2 = payout car--loaded with "victims" to claim aches and pains
Car number 3 = victim (at fault)--not involved in scam

Car 1 causes car 2 to brake hard, which car number 3 rear ends. Car number 3 is at-fault, and his insurance pays for victims injuries in car 2 which is loaded with people.

mattdavis11 09-13-2007 06:22 PM

That's initially what I thought, but when I passed by the lady in car #2, that profile didn't fit. He was acting solo, if he was acting.

legion 09-13-2007 06:23 PM

Could guy in Car 1 have been hoping to be hit? Maybe he wanted the insurance pay out for the car?

masraum 09-13-2007 06:30 PM

He may have been trying to cause problem, but it's as much the folks who got in the accident (except maybe the first person) for bunching up that close and not keeping proper distance from the car ahead. Also, it's a driver's responsibility to pay attention like you did and anticipate where problems can come from. Driving a big SUV or small car, doesn't change that except that maybe the person the smaller car (a miata for instance ;) ) has to be even more aware, much like a motorcycle.

They weren't innocent bystanders, they were inattentive participants.

Danny_Ocean 09-13-2007 06:31 PM

Quote:

Originally Posted by mattdavis11 (Post 3478290)
For that matter, I guess since I didn't stop and render aid, I'd be up a creek to...


You are not required to "stop and render aid" unless you are involved in, or caused, the accident.

mattdavis11 09-13-2007 06:38 PM

That's my take on it. That's why I was perturbed. I don't like hearing about this kind of bs, much less being a witness to this kind of accident and see the d-bag go scot free. It's unsettling.

Anyway, this is a common spot for slow downs, it last about 1 minute, then back up to 60 or so. Kinda makes you think if this is a daily job for this clown.:rolleyes:

He did get off at the next exit, maybe he was looping around to try again.

many944s 09-13-2007 07:17 PM

It's people like that that make me want a rack of stingers on top of my car!

the 09-13-2007 07:30 PM

Quote:

Originally Posted by Danny_Ocean (Post 3478335)
You are not required to "stop and render aid" unless you are involved in, or caused, the accident.

You've obviously never been to Latham County, Massachusetts.

mattdavis11 09-13-2007 07:44 PM

In Texas, I'm pretty sure it's the law to stop and render aid if any "reasonable" person would have anticipated that the collision would result in injury to another driver. I didn't think that the accident warranted my involvement. I reckon that nobody from the city/county/state responded either.

Danny_Ocean 09-14-2007 02:37 PM

Quote:

Originally Posted by mattdavis11 (Post 3478459)
In Texas, I'm pretty sure it's the law to stop and render aid if any "reasonable" person would have anticipated that the collision would result in injury to another driver. I didn't think that the accident warranted my involvement. I reckon that nobody from the city/county/state responded either.


So, you're driving along in rush-hour traffic in a pack of lets say 15 ~ 20 cars. All 15 ~ 20 drivers (potentially) witness a serious accident to the front or side of the "pack". According to this law, all 15 ~ 20 drivers must stop and render aid or they will be ticketed? :rolleyes:

BS. No-one, especially the government, can make you (an innocent, un-involved passerby) stop and help. You have no legal obligation. Moral obligation? Yes. Legal? No. The law only applies to persons directly involved in the accident. This does not include witnesses.

HB 489 – Berman

Relating to the duty of a passenger involved in certain accidents to render aid; providing a criminal penalty

Current law provides no penalties if a passenger of a vehicle involved in an accident that results in the injury or death of a person fails to render aid to the injured. Current language concerning rendering aid only applies to the operator of the vehicle and while it may not be against the law, failure to assist an injured person could determine whether or not that injured person lives or dies. If both the operator and passenger blatantly fail to render aid then they should equally be charged with the offense of failing to render aid. HB 489 would place more responsibility on a passenger of a vehicle involved in an accident resulting in an injury or death, to stop and render aid and would create criminal penalties for those passengers involved who fail to stop or report to authorities.


Also from the web:

Failure to stop and render aid

Do I have to stop and render aid when witnessing an accident?

Q: My coworkers and I had an argument the other day concerning the law on stopping and rendering aid. We live in Texas, and I had been told since I got my driver's license (about twelve years ago) that if you witnessed an accident, you had to stop and call authorities and render aid, if you could. I had heard that if you just drove off, you were committing an offense.

But, someone asked a state trooper and he said this was not the case. Anyone know the law for Texas and/or other states?


A: No, you do not need to stop and render aid. It's the nice thing to do, but you don't have to.

A: No, you're not required by law to stop and help someone in Texas. However, if you do stop, in Texas you have an obligation to render reasonable aid. In fact, Texas' requirements for Good Samaritan protection are a little more stringent than most states- it doesn't shield you if someone is under medical transport, in a hospital or care facility, or if you'd ordinarily be paid for the service (you, as a doctor, come to help someone else's patient.) Statutes listed below for your perusing pleasure, but basically, don't stop if all you're going to do is stand there and scream.

Tex. Health & Safety Code Ann. §779.006 (West 2000)(AED immunity)
Tex. Health & Safety Code Ann. §779.001 (West 2000)(AED definition)
Tex. Health & Safety Code Ann. §779.002(West 2000)(AED training)
Tex. Health & Safety Code Ann. §779-003 (West 2000)(AED maintenance)
Tex. Health & Safety Code Ann. §779.004 (West 2000)(AED use)
Tex. Health & Safety Code Ann. §779.005 (West 2000)(Not. Reqs.)
Tex. Health & Safety Code Ann. §779-006 (West 2000)(Owner Reqs.)
Tex. Civ. Prac. & Rem. Code Ann. §74-74.001 (West 1977)(Liability Immunity)
Tex. Civ. Prac. & Tem. Code Ann. § 74.002 (West 2000)(Lic. Req.)

Mo_Gearhead 09-14-2007 03:00 PM

When I took Drivers-Ed in the dark ages, (do they even offer this in schools anymore?) the 'rule' was, for every 10 MPH of speed, leave 1 car length between you and the driver ahead. On todays roads, laughable! Even at 40 mph if your have only a 2 car lengths gap, you will have idiots pull in front of you.

More cars, faster speeds, worse highways, EVERYONE in a hurry and a "it's all about ME" society.

mattdavis11 09-14-2007 03:49 PM

Thanks for the clarification Mr. Ocean. I find it kind of baffling that Mr. Berman passed a bill.:D Guess I wasn't paying attention that day.:)

Rick Lee 09-14-2007 05:22 PM

Quote:

Originally Posted by the (Post 3478443)
You've obviously never been to Latham County, Massachusetts.

And better pray you don't go before Judge Art Van DeLay.

Dantilla 09-14-2007 06:51 PM

Quote:

Originally Posted by masraum (Post 3478332)
They weren't innocent bystanders, they were inattentive participants.

That's a great line. I think it applys to most accidents.

widgeon13 09-15-2007 03:20 AM

Quote:

Originally Posted by the (Post 3478443)
You've obviously never been to Latham County, Massachusetts.

I was born and raised in western Massachusetts, wtf is Latham County????

Rick Lee 09-15-2007 06:00 AM

Quote:

Originally Posted by widgeon13 (Post 3480440)
I was born and raised in western Massachusetts, wtf is Latham County????

It's from the final Seinfeld episode where they go to jail for breaking the good samaritan law.

widgeon13 09-15-2007 07:47 AM

Thanks, guess I must have missed that episode.

M.D. Holloway 09-15-2007 11:24 AM

Matt,
Where was this 183? 35?


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