bimmerpost/
BMW M2 and 2-Series Coupe
BMW Garage BMW Meets Register Today's Posts
home
BIMMERPOST Universal Forums Off-Topic Discussions Board

Post Reply
 
Thread Tools Search this Thread
      02-03-2022, 05:40 PM   #67
bayarea328xit
Lieutenant
United_States
584
Rep
510
Posts

Drives: 19 i3s; 07 328xit (sold)
Join Date: Jun 2010
Location: Bay Area, CA

iTrader: (0)

Question for Sedan_Clan:

Two cars are going at the speed limit in the fast (#1) lane with one car following safely behind the other. The car in the back moves to the right (slower) lane to pass the car in the front. The car that is still in the left lane speeds up to prevent the other car from passing.

Can you ticket the car that sped up in the left lane? If you were to ticket one of the vehicles for speeding, which one would you pick?
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 05:43 PM   #68
minn19
Lieutenant General
minn19's Avatar
14718
Rep
10,359
Posts

Drives: 24 6MT M2, 25 X5 M60, 24 Truk
Join Date: Jul 2013
Location: Minnesota

iTrader: (0)

Quote:
Originally Posted by shiftdnb View Post
Video proof shows there was nothing in front of him to brake check multiple times. He proceeds to speed up when getting passed and he leaves the scene of the accident. Also from reading he wasn't even supposed to be on that highway with the truck.

We all see the Accord in the wrong here, anyone making excuses for this truck should seriously get off the road you are more of a danger to others than someone speeding.
“Someone speeding”

Uh, just a little more than that. Maybe you should park it.
Appreciate 1
      02-03-2022, 05:44 PM   #69
tranquility
sportscars only
tranquility's Avatar
Canada
3473
Rep
3,269
Posts

Drives: 2011 Z4 sDrive 35i
Join Date: Aug 2007
Location: Montréal

iTrader: (0)

Quote:
Originally Posted by minn19 View Post
“Someone speeding”

Uh, just a little more than that. Maybe you should park it.
Maybe he's the Accord dude LMAO

Agreed, he definitely needs to zip it. Talk about not losing w grace haha.
__________________
The richest one percent of this country owns half our country's wealth, five trillion dollars. One third of that comes from hard work, two thirds comes from inheritance, interest on interest accumulating to widows and idiot sons and what I do, stock and real estate speculation...It's bullsh*t. I create nothing. I own. We make the rules, pal...Now you're not naive enough to think we're living in a democracy, are you buddy?
Appreciate 1
minn1914717.50
      02-03-2022, 05:46 PM   #70
minn19
Lieutenant General
minn19's Avatar
14718
Rep
10,359
Posts

Drives: 24 6MT M2, 25 X5 M60, 24 Truk
Join Date: Jul 2013
Location: Minnesota

iTrader: (0)

Quote:
Originally Posted by tranquility View Post
Maybe he's the Accord dude LMAO

Agreed, he definitely needs to zip it. Talk about not losing w grace haha.
Heck no, this has the makings of being one of the more entertaining threads in a while around here.
Appreciate 0
      02-03-2022, 05:51 PM   #71
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by shiftdnb View Post
Quote:
Originally Posted by Sedan_Clan View Post
I've worked the road a long time. The truck IS NOT at fault despite how you feel. The truck driver was not obligated to move. The Accord driver crashed because of their reckless driving behavior. There is no such thing as "mostly" at fault. You're either at fault or you're not.
Bullshit! Both should be charged with wreckless driving. Anyone that says the truck was in the right here shouldn't be on the road. Anyone saying the Accord was in the right here shouldn't be on the road. Two wrongs could have involved a lot of people here and simply saying the truck wasn't at fault is moronic.
Expletives don't make YOU right. What the truck did WAS NOT reckless driving based on verbiage in the statute. You would need to articulate what was reckless about the action. Keep in mind the Accord driver was tailgating, a violation of traffic law. Nothing the truck driver did falls under the category of reckless (…e.g…willful and wanton disregard), so you are WRONG. You don't know what you don't know.


Quote:
Originally Posted by G35POPPEDMYCHERRY View Post
obvs the accord is 100 at fault for the cause of the auto accident.

but the truck can be cited for failure to keep right, a rarely enforced traffic citation

If the truck driver were traveling much slower than the flow of traffic AND posed a safety concern (…e.g…driving 45mph in a prima facie 65mph), you could cite for that. Based on the video footage that WAS NOT the case.

Quote:
Originally Posted by dreamingat30fps View Post
Quote:
Originally Posted by shiftdnb View Post
Bullshit! Both should be charged with wreckless driving. Anyone that says the truck was in the right here shouldn't be on the road. Anyone saying the Accord was in the right here shouldn't be on the road. Two wrongs could have involved a lot of people here and simply saying the truck wasn't at fault is moronic.
I think the keyword here is LEGALLY. I don't doubt the honda was 100% at fault LEGALLY, but the truck driver was 100% just as much of a douche as the honda. Luckily for the truck drive being a douche is not illegal in and of itself.

I mean I'm going to go out on a limb and say those fucks who call me every fucking day to let me know about my vehicle warranty expiring are not doing anything illegal otherwise they would have been stopped years ago. Just because they are doing things 100% legally does not make it "right".
Exactly! A douche move does not necessarily equate to a violation of law. A brake check is not an uncommon practice. It is something I do every time somebody follows me too closely.


Quote:
Originally Posted by tranquility View Post
Sedan_Clan
I'm curious, can you get the truck for anything? Leaving the scene...but technically he didn't crash his vehicle. Brake-checking, other dangerous moves? Left-lane hogging?
Nothing required him to stay on scene, so no, there's nothing to cite him for.

Quote:
Originally Posted by Joekerr View Post
Quote:
Originally Posted by shiftdnb View Post
Bullshit! Both should be charged with wreckless driving. Anyone that says the truck was in the right here shouldn't be on the road. Anyone saying the Accord was in the right here shouldn't be on the road. Two wrongs could have involved a lot of people here and simply saying the truck wasn't at fault is moronic.
You make a very loud case.

There is a distinction between "legal" and "best approach". The brake check is possibly illegal, but I'm sure the driver would say he saw something in front of him...and therefore it isn't illegal.
The brake check is not citable.
Appreciate 1
      02-03-2022, 05:52 PM   #72
shiftdnb
Lieutenant
United_States
382
Rep
422
Posts

Drives: 2017 F31 328dx
Join Date: Mar 2017
Location: Upstate NY

iTrader: (0)

Garage List
Quote:
Originally Posted by tranquility View Post
Maybe he's the Accord dude LMAO

Agreed, he definitely needs to zip it. Talk about not losing w grace haha.
No I'm a guy that has been caught up between idiots like this before. We all see what the Accord driver did. You're making excuses for the truck driver. You want to get personal?
Appreciate 1
M5Rick69003.50
      02-03-2022, 06:05 PM   #73
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by bayarea328xit View Post
Question for Sedan_Clan:

Two cars are going at the speed limit in the fast (#1) lane with one car following safely behind the other. The car in the back moves to the right (slower) lane to pass the car in the front. The car that is still in the left lane speeds up to prevent the other car from passing.

Can you ticket the car that sped up in the left lane? If you were to ticket one of the vehicles for speeding, which one would you pick?
Let's unpack this….


….What do you really have? Speeding?!?
Appreciate 0
      02-03-2022, 06:05 PM   #74
tranquility
sportscars only
tranquility's Avatar
Canada
3473
Rep
3,269
Posts

Drives: 2011 Z4 sDrive 35i
Join Date: Aug 2007
Location: Montréal

iTrader: (0)

Quote:
Originally Posted by shiftdnb View Post
No I'm a guy that has been caught up between idiots like this before. We all see what the Accord driver did. You're making excuses for the truck driver. You want to get personal?
What excuses? I said truck was bad but just not as bad as the Accord. Sedan set the record straight and said Accord was 100% at fault. Not sure why some ppl have prbs following.

Get personal? Take a chill pill, if you get all riled up in what was intended to be a funny thread about a road rager getting karma, I'd hate to imagine you on the road if you perceived being slighted.
__________________
The richest one percent of this country owns half our country's wealth, five trillion dollars. One third of that comes from hard work, two thirds comes from inheritance, interest on interest accumulating to widows and idiot sons and what I do, stock and real estate speculation...It's bullsh*t. I create nothing. I own. We make the rules, pal...Now you're not naive enough to think we're living in a democracy, are you buddy?
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 06:09 PM   #75
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by shiftdnb View Post
Quote:
Originally Posted by tranquility View Post
Maybe he's the Accord dude LMAO

Agreed, he definitely needs to zip it. Talk about not losing w grace haha.
No I'm a guy that has been caught up between idiots like this before. We all see what the Accord driver did. You're making excuses for the truck driver. You want to get personal?
You need to relax. Your antagonist attitude is not necessary. You're wrong. Just accept it and stop trying to bully people.
Appreciate 1
      02-03-2022, 06:09 PM   #76
///MPhatic
The Seeker
///MPhatic's Avatar
15382
Rep
3,847
Posts

Drives: OG M2 • Exige
Join Date: Aug 2008
Location: USA

iTrader: (2)

Garage List
2018 BMW M2  [8.75]
Quote:
Originally Posted by Sedan_Clan View Post
Exactly! A douche move does not necessarily equate to a violation of law. A brake check is not an uncommon practice. It is something I do every time somebody follows me too closely.
I hadn't thought of it until just now, but what I do when people follow me too closely is I slow down (not with the brake, but my lifting off the throttle). The closer they get, the slower I go (as long as I'm above the minimum Interstate speed).

Of course, the moment I'm able to get over and out of their way I do so, as I've found that it's much better to have those people that are in such a huge hurry in front of me, not behind me.

I suppose if brake checking isn't a citable offense, then forcing someone to slow down isn't either.

This is good news.
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 06:10 PM   #77
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by ///MPhatic View Post
Quote:
Originally Posted by Sedan_Clan View Post
Exactly! A douche move does not necessarily equate to a violation of law. A brake check is not an uncommon practice. It is something I do every time somebody follows me too closely.
I hadn't thought of it until just now, but what I do when people follow me too closely is I slow down (not with the brake, but my lifting off the throttle). The closer they get, the slower I go (as long as I'm above the minimum Interstate speed).

Of course, the moment I'm able to get over and out of their way I do so, as I've found that it's much better to have those people that are in such a huge hurry in front of me, not behind me.

I suppose if brake checking isn't a citable offense, then forcing someone to slow down isn't either.

This is good news.
…..and if they hit you, it's THEIR fault, brake check or not. They would be cited for following too closely, traveling too fast for conditions, etc.
Appreciate 2
///MPhatic15382.00
tcphoto4186.50
      02-03-2022, 06:14 PM   #78
bayarea328xit
Lieutenant
United_States
584
Rep
510
Posts

Drives: 19 i3s; 07 328xit (sold)
Join Date: Jun 2010
Location: Bay Area, CA

iTrader: (0)

Quote:
Originally Posted by Sedan_Clan View Post
Let's unpack this….
….What do you really have? Speeding?!?
Correct - my hypothetical is about speeding. Assuming you can only pull over one of the cars, which one do you pull over and issue a citation for speeding?

With respect to the road rage video that started this thread, if there were two police officers at the scene, would it be prudent for one of them to pursue the truck to issue a citation? Assume that one officer is sufficient to deal with the Honda's wreck.

I'm asking because, while I agree that the Honda alone is responsible for crashing, my understanding is that the truck would be cited for road rage -- the same as the Honda if they hadn't crashed.

My question is not about which one is exhibiting the worse behavior -- I'm asking if you could have cited the truck, too.
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 06:16 PM   #79
///MPhatic
The Seeker
///MPhatic's Avatar
15382
Rep
3,847
Posts

Drives: OG M2 • Exige
Join Date: Aug 2008
Location: USA

iTrader: (2)

Garage List
2018 BMW M2  [8.75]
Quote:
Originally Posted by Sedan_Clan View Post
…..and if they hit you, it's THEIR fault, brake check or not. They would be cited for following too closely, traveling too fast for conditions, etc.
Another interesting thing that I've found, and I'll be out of this thread.

18-wheelers cut me off within 10 feet regularly, and at 75 mph I'm saying that's way too close. This is putting me in an illegal situation by following too close, so obviously I slow down. But I wonder if it's legal for them to do that, to cut over so closely like that. You'd imagine that truckers, being on the road all the time, are better drivers than the general public, but I haven't found that to be the case.
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 06:17 PM   #80
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by bayarea328xit View Post
Quote:
Originally Posted by Sedan_Clan View Post
Let's unpack this….
….What do you really have? Speeding?!?
Correct - my hypothetical is about speeding. Assuming you can only pull over one of the cars, which one do you pull over and issue a citation for speeding?

With respect to the road rage video that started this thread, if there were two police officers at the scene, would it be prudent for one of them to pursue the truck to issue a citation? Assume that one officer is sufficient to deal with the Honda's wreck.

I'm asking because, while I agree that the Honda alone is responsible for crashing, my understanding is that the truck would be cited for road rage -- the same as the Honda if they hadn't crashed.
There is no "road rage" violation in the vehicle code. There is reckless driving, but it requires willful and wanton disregard to meet the statute. The truck driver's behavior doesn't meet that criteria, but the Accord driver's behavior does. No matter how you slice this pie, the Accord driver is at fault.

As to your final question…..


….maybe I could get him for speeding, but what if he is within accepted speeds or under/at the prima facie limit?!? You have nothing really.
Appreciate 3
      02-03-2022, 06:22 PM   #81
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by ///MPhatic View Post
Quote:
Originally Posted by Sedan_Clan View Post
…..and if they hit you, it's THEIR fault, brake check or not. They would be cited for following too closely, traveling too fast for conditions, etc.
Another interesting thing that I've found, and I'll be out of this thread.

18-wheelers cut me off within 10 feet regularly, and at 75 mph I'm saying that's way too close. This is putting me in an illegal situation by following too close, so obviously I slow down. But I wonder if it's legal for them to do that, to cut over so closely like that. You'd imagine that truckers, being on the road all the time, are better drivers than the general public, but I haven't found that to be the case.
If you employ at least a 3-second following distance behind the car/truck in front of you, you'll never find yourself in that position. Sometimes the truckers have good spatial awareness and sometimes they don't, that's why the onus is on the driver following.
Appreciate 0
      02-03-2022, 06:24 PM   #82
dreamingat30fps
Colonel
United_States
5961
Rep
2,022
Posts

Drives: Miata, Cayenne, Model 3, F350
Join Date: Jan 2010
Location: South Florida & NC

iTrader: (1)

Quote:
Originally Posted by ///MPhatic View Post
From google, I know, dangerous, but...

"Most states do not have laws specifically banning brake checking. Instead, they prohibit all acts of reckless driving. ... The brake checker could receive a traffic citation or even criminal charges depending on the severity and circumstances of the incident."

"In all 50 states, it is illegal to drive in the left-hand lane with certain exceptions. Generally, those exceptions are when a driver is passing or overtaking a vehicle or making a turn. Some states additionally require that a driver must go to the right-hand lane if they are moving slower than the flow of traffic."
I dunno about other places but there is absolutely ZERO enforcement of that left lane law around here (assuming its true). I mean shit they would generate sooooo much revenue sooooo fast. They would have every FHP handing out tickets every minute of every day and still miss 90% of them.
Appreciate 2
Sedan_Clan26991.00
///MPhatic15382.00
      02-03-2022, 06:29 PM   #83
shiftdnb
Lieutenant
United_States
382
Rep
422
Posts

Drives: 2017 F31 328dx
Join Date: Mar 2017
Location: Upstate NY

iTrader: (0)

Garage List
Quote:
Originally Posted by Sedan_Clan View Post
The brake check is not citable.
ummmm, in NJ it is....

https://www.nj.com/passaic-county/20...for_brake.html

https://www.nj.com/union/2020/02/dri...s-charged.html
Appreciate 0
      02-03-2022, 06:29 PM   #84
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by dreamingat30fps View Post
Quote:
Originally Posted by ///MPhatic View Post
From google, I know, dangerous, but...

"Most states do not have laws specifically banning brake checking. Instead, they prohibit all acts of reckless driving. ... The brake checker could receive a traffic citation or even criminal charges depending on the severity and circumstances of the incident."

"In all 50 states, it is illegal to drive in the left-hand lane with certain exceptions. Generally, those exceptions are when a driver is passing or overtaking a vehicle or making a turn. Some states additionally require that a driver must go to the right-hand lane if they are moving slower than the flow of traffic."
I dunno about other places but there is absolutely ZERO enforcement of that left lane law around here (assuming its true). I mean shit they would generate sooooo much revenue sooooo fast. They would have every FHP handing out tickets every minute of every day and still miss 90% of them.
Yes, generally the #1 lane is for the fastest moving traffic while the furthest right hand lane is for slower traffic. The middle lanes are a mixture. When I look for speeders, I look no further than the #1 lane. What have we learned? Stay out of the #1 lane.
Appreciate 0
      02-03-2022, 06:33 PM   #85
Sedan_Clan
Law Enforcer
Sedan_Clan's Avatar
Brazil
26991
Rep
22,709
Posts

Drives: '22 Chalk Gray Porsche C2S
Join Date: Jun 2006
Location: ..in your rearview!!!

iTrader: (26)

Quote:
Originally Posted by shiftdnb View Post
Quote:
Originally Posted by Sedan_Clan View Post
The brake check is not citable.
ummmm, in NJ it is....

https://www.nj.com/passaic-county/20...for_brake.html

https://www.nj.com/union/2020/02/dri...s-charged.html
Your reading comprehension sucks.

In both instances it was a RECKLESS DRIVING issue because of the willful and wanton disregard of the actions. Did you even read the articles?!? Pulling in front of another vehicle and slamming on the brakes is different than a brake check.
Appreciate 0
      02-03-2022, 06:34 PM   #86
Tyga11
Lieutenant Colonel
3512
Rep
1,752
Posts

Drives: M3 Comp
Join Date: Jul 2019
Location: Arizona

iTrader: (0)

I don't think people should be cruising in the left lane but there is a right & a wrong way to approach someone who is driving too slow in the passing lane.

Driving aggressively right up to the other driver (like Accord did) is not the right way. The truck driver is a moron for brake checking. You really want the idiot Accord to hit your nice truck?

I agree with the majority - Accord is the bigger douche but the truck is a disaster waiting to happen if he's going to brake check like that...
Appreciate 2
///MPhatic15382.00
Germanauto9843.50
      02-03-2022, 06:36 PM   #87
///MPhatic
The Seeker
///MPhatic's Avatar
15382
Rep
3,847
Posts

Drives: OG M2 • Exige
Join Date: Aug 2008
Location: USA

iTrader: (2)

Garage List
2018 BMW M2  [8.75]
Quote:
Originally Posted by Sedan_Clan View Post
If you employ at least a 3-second following distance behind the car/truck in front of you, you'll never find yourself in that position. Sometimes the truckers have good spatial awareness and sometimes they don't, that's why the onus is on the driver following.
In an effort to be brief I didn't explain properly.

2 semi trucks are following each other in the right lane.
Truck #1 is going 65.
Truck #2 is gong 67.
I'm in the left lane going 75 coming upon them.

Truck #2 gets close enough to truck #1 that he wants to pass, and pulls in front of me with only feet of margin.
Truck #2 then passes truck #1 at 2 mph until there are 2 full truck-lengths in front of truck #1 before getting back over.

So he gives me 10 feet or less and gives the truck he's passing 2 truck-lengths.

This is a situation that plays out every single time I'm on the Interstate (my average drive is 3.5 hours, and many times 5.5 hours).

My question is; is it legal for truck #2 to pull out in front of me with only feet to spare at 67 mph?
Appreciate 1
Sedan_Clan26991.00
      02-03-2022, 06:39 PM   #88
tranquility
sportscars only
tranquility's Avatar
Canada
3473
Rep
3,269
Posts

Drives: 2011 Z4 sDrive 35i
Join Date: Aug 2007
Location: Montréal

iTrader: (0)

Quote:
Originally Posted by ///MPhatic View Post
Another interesting thing that I've found, and I'll be out of this thread.

18-wheelers cut me off within 10 feet regularly, and at 75 mph I'm saying that's way too close. This is putting me in an illegal situation by following too close, so obviously I slow down. But I wonder if it's legal for them to do that, to cut over so closely like that. You'd imagine that truckers, being on the road all the time, are better drivers than the general public, but I haven't found that to be the case.
I once caught in my carcam a freaking 18-wheeler turn into the right-lane and sideswipe a car like in a movie, the car did like a 720, hit the centre median and went to the right one, it was nuts seeing it live! I passed just 11 seconds before that(!) (yes, not supposed to pass right but my exit was coming up). You gotta stay clear from those crazy trucks, especially hanging by their sides as they probably can't see you and behind them since you're gonna get rockchipped to death and lose a lot of forward slightlines...what if traffic ahead came to a sudden stop? You may not see it in time to react.
__________________
The richest one percent of this country owns half our country's wealth, five trillion dollars. One third of that comes from hard work, two thirds comes from inheritance, interest on interest accumulating to widows and idiot sons and what I do, stock and real estate speculation...It's bullsh*t. I create nothing. I own. We make the rules, pal...Now you're not naive enough to think we're living in a democracy, are you buddy?
Appreciate 1
///MPhatic15382.00
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 02:50 AM.




g87
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST