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Determining "fault" by the PD doesn't include finding out the "training" of each driver, although the rule of thumb is to consider each to be an "average" driver.


The hypothetical doesn't include the woman's speed backing, AND doesn't describe any obstructions, parked vehicles, shrubs/trees, or time of day/night. Any of this could contribute to her being at fault.



Unless there was a "drag-racing" witnessed, or reckless driving witnessed, , Bellevue PD got it right because it is the responsibility of the driver backing up to ONLY back out when it is safe. Its her responsibility to look and determine if she can back out safely by looking far enough on each side to avoid being a hazard to oncoming traffic.


Measuring the skid length, determining the co-efficient of friction of the pavement, and the extent of damage to both vehicles will only give a minimum approximation of speed, but will not be an "exact" speed.


AZGL1800, , that is some good looking stone-work on your driveway wall, , ,I'm guessing the mail-driver "blocks" the driveway and walks down 20' or so and puts the mail in your mailbox. Those RxR tracks are definitely an issue too. STAY SAFE WHEN EXITING!!


EDITED: The following post (badMonk) has a point, , ,I "qualify" my comments with the phrase,, , "If this happened in MY state, , , ,"
 

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Having experience with a P.D. in Colo. The party backing up would be cited for unsafe backing. However if the rider or driver of the car was seriously injured or killed the Officer would call in a Traffic Accident Technician/Investigator (Unit) to do more than just a simple diagram and measurements. Skid marks for instance may establish a minimum speed using the coefficient of friction based on the vehicle weight, in this case the motorcycle, along with the drag factor of the road. In the absence of skid marks, gouge marks in the pavement can be used to help determine speed as can debris distance from the point of impact. The investigation may not change who is cited but may well supply the car drivers insurance co. with additional information to mitigate the car drivers (insurance co's.) financial responsibility. That, along with the reports from the insurance co's highly trained investigators and reconstruction experts may well be used to exonerate the driver of the car from all responsibility, both civil and criminal.



Of course if only minor or no injuries are sustained there would be much less investigation. And if the driver of the MC admitted how fast he was going he's twice a fool.



Disclaimer; There is more to it than I've patience to type out, and although I have 32 years of experience I was only in traffic for a few years a long time ago. But I have played a cop on TV and I've stayed at a Holiday Inn express at least a half dozen times.
 

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As much as it really a sad thing to admit, I treat all other road users as certifiable morons. I take my own safety very seriously. In all circumstances, I ride cautiously and try extremely hard to be aware of all potentially lethal circumstances. I leave gaps between me and the road user in front of me, ànd keep an eye out for loopies travelling too close to my safe zone. It may sound like a tedious way to ride but after a while it becomes second nature and you can still proceed in a relaxed manner. I wrote an old K75LT off a few years back when riding a narrow sealed road in New Zealand's south island. Exiting a single lane bridge, I accelerated away and hit a diesel patch on the road. One of the most terrifying things I have ever experienced, was sliding down the middle of the road with traffic moving either side of me going in both directions while watching my beautiful bike bouncing down the side of the road with various it's and pieces flying off it.
Broke three ribs and felt sorry for myself. Rented a car, drove to the nearest airport. Flew home and licked my wounds for three years. Bought a sports car with the insurance money. It was fun for a while but got back into bikes again.
At the end of the day,if you or another road user gets badly hurt, fault can be irrelevant. The best solution is....don't have accidents. That is why I ride the way I do.

Not always a successful solution though, the fickle finger of fate can really irritate your haemarh hemmarhoi hemaroid err piles when it gets stuck up you.

Safe riding to all

Mark
New Zealand
 

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Mark Bardell
you and I are on the same page...


I thought that I was being "proactive" when a semi T-boned me out of the blue.


what I did not allow for, was him jamming on his brakes so hard, the ABS on his right rear tractor tire failed, and that steered the truck 90° to the left....


I was following him a full 100 feet back, and in the HOV lane, he was in the #1 lane next to me.


and that put him directly across in front of me on my HOV lane..... I lost six months of work,
and never have regained my memory fully... and never will be able to accommodate big changes in ambient temperatures. if it is over 85°F it is time for me to find an Air Conditioned space, and right now.


I now keep an ice chest on a trailer hitch rack, with ice water and a Cooling Vest....
if I get to sweating, have to stop and pull on that ice cold vest...
 

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