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To: m1-lightning
It's not a "right", it's a reaction. And yes, by law, it's legal to cause an accident by avoiding another accident.

Wrong again. Swerving to avoid debris, a deer, or anything in the road, does not give you the right to run into someone else. In other words, you may feel you are in the right, but you are not, and will be liable for any damages you cause by running into someone else in your maneuver to avoid hitting something.

Example: You're going down the highway and notice traffic is stopped in front of you. If you change lanes to avoid rear ending the stopped traffic in front of you, and you change lanes into someone else, you are not in the right, you are at fault and you will be held liable.

102 posted on 05/26/2005 12:11:54 PM PDT by Black Tooth
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To: Black Tooth
You're going down the highway and notice traffic is stopped in front of you.

Uh yeah, that's a failure to stop. It's different than avoiding deer. Ever heard of following to closely... i.e. tailgating? It's your responsibility to stop when traffic in front of you stops. It's a whole different situation when someone or something moves in front of you from the side of the road. There is not enough time to stop or slow down. Failing to attempt to avoid such an accident can be negligence.

I'm curious if a child walks out into the road and you do not attempt avoid the child would you tell the police you hit him because you didn't want to take the chance of hitting another car by swerving?

111 posted on 05/26/2005 12:38:07 PM PDT by m1-lightning (God, Guns, and Country!)
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