Hypothetical question from dashcam footage today. If the GMC hit me, would the police/court/insurance sided with me?

I was driving ~52 MPH, the speed limit there is either 45 or 50.

I had my blinker on to move into the right lane soon after I passed the black car. As I started moving over, white GMC tries to dart over well beyond the speed limit. We basically were changing lanes simultaneously, but he was to gun it around me.

Was I in the wrong? If not, would the footage held up with a judge or insurance?

Video: https://imgur.com/a/SpiOQmv Be sure to unmute the video to hear the guy laying on the horn

Don't know the legal answer, but isn't the general rule, if they hit you from behind they are at fault?

Wonder often when I have people cut it WAYY too close when swerving in or out from behind.

Absolute said:

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Don't know the legal answer, but isn't the general rule, if they hit you from behind they are at fault?

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I wouldn't think so if you're changing lanes.

But I'd put the white truck at fault for attempting to pass on the right.

You'd be fine. Even if you're speeding. He's Tailgating, Speeding, Not signalling (the second lane change), and passing on the right.

Dude's a bell-end....

I believe the rear car has the responsibility to yield. Could be wrong.

I think given the weather conditions he would absolutely be at fault. He was driving very aggressively in poor weather conditions. Now if you didn't have the video evidence it would depend on if he hit you in the rear or if he got past you enough that you sideswiped him. If you sideswiped him he could claim that he was in the lane and you were moving into his lane.

He would have been at fault, as is always the case when someone rear ends someone else. Maybe if there is proof someone deliberately tried to cut someone off and cause an accident there would be an exception, but I think you can come to a complete stop on a road and if someone rear ends you it's still their fault. You can say ducks were crossing or the sun blinded you, I think it is still the responsibility of the rear driver to see that and react accordingly. Someone correct me if they've seen otherwise.

As far as situation diagnosis, legal and insurance aspects aside, I feel like he did give you enough time to get over once you passed the black car. He lost patience with that and tried to gun it around. However, he also wasn't tailgating you or indicating to you that he was in a big hurry and needed by - so you didn't do anything wrong. I just think he did give you a chance to get over and decided you probably weren't going to. Those types of roads are not like an interstate and I don't think there is any obligation for people to always stay to the right, left turns always coming up and maybe people need to be in that lane. So I don't think he was wrong either for trying to pass on the right. He was definitely speeding.

Pro Tip:

Turn off the recording of your speed. If you are going above the speed limit and get into an accident that is not your fault it can only be used against you.

Guy obviously had to poop. It wasn't immediately clear to me that you were getting over and If I was about to poop my pants you better believe I'm passing on the right. All that said I don't see anything that would have made you at fault.

If you turned your blinker on when you stated that you did, I think you are fine.

You clearly indicated your intention to change lanes, and he barely activated his blinker as he was changing lanes.

Now, it's going to be a fact pattern that neither side is going to agree the other one is 100% responsible for and you'll either have to bicker about it in court or take a reduced payout based upon contributory negligence, but if I was on the jury, I'm putting the other guy 100% at fault.

ETA: I just turned the sound on and watched to the end. I don't think he signaled his right turn at the very end, so I would be sure to play the whole video and let the jury see that too.

Never heard of Rexing, that's high-quality video.

Yesterday said:

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Guy obviously had to poop. It wasn't immediately clear to me that you were getting over and If I was about to poop my pants you better believe I'm passing on the right. All that said I don't see anything that would have made you at fault.

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I think the poop had backed up into his brain.

There are virtually no situations in which someone can you from behind and not be at fault. I'm sure there are some but they are pretty rare. I can't think of any situation that's unavoidable if you're following a safe distance.

Your blinker situation is of zero consequence. If I'm the white truck and you don't use your blinker and I'm following a safe distance, then I don't hit you. If I do, then I wasn't following a safe distance. That's how that works and the insurance dudes will see it the same way.

BrazosDog02 said:

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There are virtually no situations in which someone can you from behind and not be at fault. I'm sure there are some but they are pretty rare. I can't think of any situation that's unavoidable if you're following a safe distance.

Your blinker situation is of zero consequence. If I'm the white truck and you don't use your blinker and I'm following a safe distance, then I don't hit you. If I do, then I wasn't following a safe distance. That's how that works and the insurance dudes will see it the same way.

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If the vehicle in front of you stops by means other than its own power, you are not at fault for a rear collision.

BrazosDog02 said:

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That's how that works and the insurance dudes will see it the same way.

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No offense, but that is absolutely not how insurance companies operate. They will come up with every lame excuse possible to delay paying you any kind of settlement close to what your case is worth.

Generally speaking, if the white car had impacted you in the rear bumper it would likely be deemed their fault. If they got by you, even a little bit, and impact was on the quarter panel then I would expect his carrier to dispute liability to some extent.

I think the video helps your case in either scenario.

Also, "passing on the right" is not negligent behavior in and of itself.

SCHTICK00 said:

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BrazosDog02 said:

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There are virtually no situations in which someone can you from behind and not be at fault. I'm sure there are some but they are pretty rare. I can't think of any situation that's unavoidable if you're following a safe distance.

Your blinker situation is of zero consequence. If I'm the white truck and you don't use your blinker and I'm following a safe distance, then I don't hit you. If I do, then I wasn't following a safe distance. That's how that works and the insurance dudes will see it the same way.

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If the vehicle in front of you stops by means other than its own power, you are not at fault for a rear collision.

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Or someone pulls out in front of you.....

Pepper Brooks said:

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Generally speaking, if the white car had impacted you in the rear bumper it would likely be deemed their fault. If they got by you, even a little bit, and impact was on the quarter panel then I would expect his carrier to dispute liability to some extent.

I think the video helps your case in either scenario.

Also, "passing on the right" is not negligent behavior in and of itself.

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I passed on the right yesterday. Four lane city street. Guy in the left lane was driving 10 under.


People that drive aggressively on wet streets piss me off as much as people who drive too slowly.

rme said:

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Never heard of Rexing, that's high-quality video.

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This was pretty eye-opening:





I bought two of the Viofo A119's for Wife and Daughter. Bought a Thinkware F70 for myself.

None of these come with rear facing cams included, but you can add one to the Viofo A119.

turn your windshield wipers on, it's raining.

Complete Idiot said:

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He would have been at fault, as is always the case when someone rear ends someone else. Maybe if there is proof someone deliberately tried to cut someone off and cause an accident there would be an exception, but I think you can come to a complete stop on a road and if someone rear ends you it's still their fault. You can say ducks were crossing or the sun blinded you, I think it is still the responsibility of the rear driver to see that and react accordingly. Someone correct me if they've seen otherwise.

As far as situation diagnosis, legal and insurance aspects aside, I feel like he did give you enough time to get over once you passed the black car. He lost patience with that and tried to gun it around. However, he also wasn't tailgating you or indicating to you that he was in a big hurry and needed by - so you didn't do anything wrong. I just think he did give you a chance to get over and decided you probably weren't going to. Those types of roads are not like an interstate and I don't think there is any obligation for people to always stay to the right, left turns always coming up and maybe people need to be in that lane. So I don't think he was wrong either for trying to pass on the right. He was definitely speeding.

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Actually not true. Look up some 'brake check' videos on YouTube. Doing that to a semi is illegal in many (maybe all) states and the brake checker will be at fault and cited.

Proving it is near impossible without a video or witness.