Re: 3rd party liability Was RE: This is a must read document

[dgillett]

  In most jurisdictions, the first principle is that all drivers have 
a responsibility to avoid collisions, and there is an explicit 
presumption that the overtaking driver has the better view of the 
situation, and thus the primary responsibility.  EVEN if I fail to 
signal, you will have to convince the court that you had no 
opportunity to avoid the collision before significant liability will 
be passed to anyone else.
  A better analogy might be where a customer slips on the spilled 
milk in aisle 7 and breaks a leg.  It may have been some other 
customer who spilled the milk, and none of the store staff *pushed* 
the customer who fell, but the business may be found negligent in 
allowing the hazard to persist on property under its control.

David Gillett


On 11 Jun 2001, at 13:03, [EMAIL PROTECTED] wrote:

> No. This is closer to saying that you changed lanes on the freeway
> without signalling when I hit you from behind. You were negligent in
> following a rule of the road so you are liable for some of the
> damage. You didn't hit me but you are still responsible for the
> accident. 

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