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  1. Join Date
    Jan 2017
    Posts
    24
    #1
    I do have a dash cam with wide angle view 60 fps HD, it's a viofo a119.. still he's nowhere to be seen until impact.

    I assume you're one of those people who think right of way is more important than giving way to automatically assume the fault is on me?

    Last clear chance doctrine - is stated, a person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent or the negligence of a third person which is imputed to his opponent, is considered in law solely responsible for the consequences of the accident."

    Ra4136sec35 Restriction as to speed.(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

    Sec42 (a) When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right which he might otherwise have hereunder.
    (b) The driver of a vehicle approaching but not having entered an intersection shall yield the right of a way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this

    In Adzuara v. Court of Appeals, it was established that a motorist crossing a thru-stop street has the right of way over the one making a turn; but if the person making the turn has already negotiated half of the turn and is almost on the other side so that he is already visible to the person on the thru-street, he is bound to give way to the former.

    Which means I had both right of way and a reasonable expectation of safety when I made my turn.

  2. Join Date
    Mar 2008
    Posts
    54,620
    #2
    so where did the bike come from?

    lookit the tama on his bike. is it on the left, or is it on the right? lookit the tama on your vehicle. take pictures.

    but... is there something wrong with your dashcam? why did it not record the bike as he was crossing your path?
    Last edited by dr. d; June 22nd, 2017 at 12:21 AM.

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Can someone explain how this happened?