Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:

Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2008-09-22
NMA Reporter NMA Reporter is offline
Senior Member
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation South Dakota Supreme Court Changes Rear End Accident Liability

Article: South Dakota Supreme Court Changes Rear End Accident Liability

South Dakota Supreme CourtIt is a well-established belief that when a rear end collision occurs, the driver of the automobile that is struck is never at fault. Last week, the South Dakota Supreme Court questioned this common wisdom in upholding a jury verdict that had found Carla Jean Hall not responsible for striking from behind the vehicle of Abdelaziz Baddou on January 21, 2004.

On that day, Baddou had signaled and stopped on a two-lane road in Rapid City while waiting for traffic to clear so he could make a legal left-hand turn. Hall claimed to have been following behind one car length's distance from Baddou at about 25 MPH. Hall claimed that just before the impact she had momentarily glanced left to ensure the children on the sidewalk were not running in the middle of the street. When her attention refocused on the road ahead, she noticed Baddou's car had stopped. Hall applied the brakes and swerved, but this was not enough to prevent her car from slamming into Baddou's right rear bumper. After considering the evidence, a jury sided with Hall and found she had not been negligent.

Baddou appealed, insisting the jury's finding should be thrown out because the driver behind is always at fault in a rear end collision. The state supreme court justices in this instance pointed out that prior rear end collision case law involved the driver of the car behind admitting to some form of negligence -- usually following too closely. In this case, Hall made no such admission. The court stated that an automatic finding of negligence occurs only when a defendant admits to violating some safety law.

"Viewing the evidence in the light most favorable to Hall, as we must, we cannot agree with Baddou's claim that Hall's acts constituted such obvious negligence per se as to justify taking the case away from the jury," Judge Mark Barnett wrote for the unanimous court.

The court found that it was the job of the jury to sort out whether the defendant's claims were reasonable or credible.

"Reasonable minds may differ, but we must resolve doubts in favor of the jury verdict," Barnett wrote. "We, therefore, continue to decline to adopt a strict rule or presumption of negligence in cases involving rear end collisions."

A copy of the ruling is available in a 170k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

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 On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
California Supreme Court to Review Red Light Cameras NMA Reporter Economics & Politics 0 2008-09-28 11:30
South Dakota Supreme Court: City Not Liable for Dangerous Street NMA Reporter Economics & Politics 0 2008-07-22 07:29
Ohio Supreme Court Clears Government in Fatal Accident NMA Reporter Economics & Politics 0 2008-06-19 18:55
Trial By Declaration: Fight A Traffic Ticket Without Going To Court NMA Reporter NMA Articles 0 2008-05-17 19:37
North Dakota Supreme Court Slashes Traffic Ticket Profiteering NMA Reporter Economics & Politics 0 2008-03-28 08:19

All times are GMT -4. The time now is 22:53.

©2019 SpeedTrapHunter