Understanding AI Legalese Decoder: Cracking the Sophisticated Insurance Jargon to Assess Liability in Auto Accidents
- September 17, 2023
- Posted by: legaleseblogger
- Category: Related News
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## Situation: Car Collision on Highway Involving Overtaking
I was driving on a highway and then put on my left blinker to pull into my driveway. There was no oncoming traffic, so I proceeded to pull into my driveway. As this happens, a car comes speeding behind me and then goes into the left lane to overtake me, and they end up colliding with my front bumper and then they proceed to drive into the ditch.
## Overtaking and Fault Determination
There is only a single solid yellow line at this section of the highway, so the overtaking was illegal. My insurance company is quoting 12(6) of Fault Determination Regulation, NB Reg 2004-141, which states that if the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is 75% at fault and the driver of automobile “B” is 25% at fault for the incident.
## Ambiguity in the Fault Determination Regulation
In the image along with that section of the regulation, there is a dotted line implying that the overtaking they’re referring to is legal. However, there is no clarification or example provided for scenarios involving a solid yellow line.
## Challenging the Insurance Company’s Response
When I pointed out this ambiguity to my insurance company, they dismissed it and claimed that it doesn’t change anything. However, considering the lack of explicit guidance for situations with a solid yellow line, it is crucial to explore additional avenues to advocate for my case effectively.
## AI Legalese Decoder: Empowering Your Legal Approach
In such a complex and nuanced issue, seeking legal advice becomes paramount. To effectively navigate through this situation, an AI Legalese Decoder can play a vital role. By utilizing the AI Legalese Decoder, it becomes possible to comprehend the fault determination regulation thoroughly and identify potential loopholes or discrepancies, such as the absence of specific provisions for overtaking with a solid yellow line. This technology can significantly assist in understanding legal jargon and pinpointing relevant legal arguments for your case.
## Seeking Expert Legal Assistance
Considering the unique circumstances of the car collision and the ambiguity surrounding the fault determination regulation, it would be prudent to consult an attorney specializing in traffic or personal injury law. By reaching out to an experienced lawyer, you can benefit from their expertise in analyzing the specific details of your case, devising a strong legal strategy, and advocating for your rights vigorously.
## Conclusion: Professional Legal Assistance is Crucial
In a situation like this, where fault determination regulations are unclear regarding overtaking scenarios with a solid yellow line, seeking professional legal assistance is crucial. By leveraging an AI Legalese Decoder to decode complex legal language and consulting with a specialized attorney, you can ensure that your case is effectively represented. Remember, gathering advice and alternative sources can provide valuable insights to strengthen your legal position and pursue the best possible outcome.
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AI Legalese Decoder: Streamlining Legal Language for a More Accessible Justice System
Introduction
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The Future of AI Legalese Decoder
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Conclusion
In conclusion, AI Legalese Decoder has the potential to revolutionize the legal landscape by simplifying and decoding complex legal language. By making legal documents more accessible and understandable, this technology empowers both the general public and legal professionals. Through its role in enhancing access to justice, AI Legalese Decoder contributes to a fairer and more inclusive legal system. As the technology continues to evolve, its impact on the legal field is poised to grow, ultimately paving the way for a more accessible and equitable justice system for all.
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****** just grabbed a
My wife went through this exact scenario.
Unfortunately the law is pretty clear that she was the submissive vehicle, as she was changing direction of travel, whereas the driver behind was the dominant vehicle as he was maintaining straight forward travel.
We tried to argue in court and lost.
Sorry friend.
>In the image along with that section, there is a dotted line implying the overtaking they’re mentioning is legal, but there’s no clarification/example with a solid yellow line.
>When I pointed this out to my insurance company, they said it doesn’t change anything.
They may be correct, since at the top under Definitions we see:
>ÔÇ£centre lineÔÇØ means(ligne centrale)
>(a) a single or double, solid or broken line marked in the middle of the roadway, or
You also don’t mention whether or not police attended the scene and whether or not the other driver was charged for illegally overtaking, though I don’t know that that would matter as section 22 only seems to cover if YOU were charged, and driver B was being held partially or fully at fault.
I am in BC. I had a similar incident. I won my case and ICBC backed me 100% against the other driver. In my case it was a motorcycle that over took the lane.
Couple things helped my case. One the other driver received a ticket from the officer at the time of the accident. I had received witnesses stating he was speeding from there opinion. He also tried overtaking 2 vehicles.
In your case was there anyone behind you or witnesses that can support the claim for reckless driving. If you can prove you tried and attempted every due care and process and resulted in a accident due to wreck less driving outside normal circumstances shouldnÔÇÖt be your fault.
Hope any of this can help.
So does that mean nobody should turn left ever? What the hell? Like if youre making a completely legal left turn, someone can hit you illegally and then youre at fault? WHAT?
Glad I’m not alone in thinking that law makes zero sense. Person behind should never be allowed to overtake a left turning car.
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My mind is completely blown…
Who in their right mind tries to pass someone turning left in the oncoming lane?? That is absolutely wild and asking for trouble.
Sorry, you’re probably out of luck here. The diagrams in the regulation are only for illustration (s. 4) and only the wording of the rule has legal effect. The only way the insurance company is wrong here is if the other driver also passed cars that were stopped behind you (s. 12(7)) or there was a *sign* prohibiting passing (s. 20(c)). Or if either driver was charged with an offence (s. 22).
I’m not a lawyer, I’ve just had a lot of experience fighting with auto insurance adjusters.
Craziest thing I have ever seen. I suppose it is important to determine if this operates as a presumption as opposed to being dispositive of the issue. Either way it absolutely defies common sense applied to the facts of your case.
Whoever made this a law that the vehicle passing someone turning left has right of way is the biggest fuckin idiot I’ve ever heard of. What retsrd though that was a good plan? So basically anytime you turn left you gotta what?? Completely stop and fully looks all around making sure there’s no other vehicles around your period? The law is extremely clear that you must always yeild to the vehicle in front of you. But than they go and put in EXCEPT if that vehicle is turning left. Than fuck em you can obliterate them all you want…
I am a little confused. Were you in the left most lane when you were executing a left turn? Did the other car cut into the opposite lane to overtake you? Or were you hit as you move into the left lane?
Not an expert in this stuff, but if you can argue that the guy was speeding, have the police report say they were likely exceeding the speed limit, or was charged with improperly passing you, then you could get fault shifted.
It says that if fault can be determined by ordinary rule of law, then it supersedes the insurance guideline you linked for determining fault.
However without that, their interpretation seems solid. You are 75% at fault when hit by an overtaking vehicle while turning into a private driveway.
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Yeah, if car b was already in the other lane when you turned, you would have the majority of fault.
It is your duty to ensure that it is safe before making the left, or crossing traffic.
Sucks, but …law.
This doesn’t make any sense, if you were turning left why would they pass on the left? And since it’s a solid line they shouldn’t have crossed it to start with.
First off, have you tried escalating it through to the insurance companyÔÇÖs ombudsman?
If you need a lawyer, talk to a an insurance lawyer, if you can find one.
Reading the law you linked, I think you are pretty SOL. The illustrations are not meant to be definitive, the rule is pretty clear as to the assignment of fault in this scenario, there is no differentiation for a dotted vs. solid line, and there is nothing in there that would indicate that they did anything that might be able to supersede the fault. Unless he was charged with a dangerous driving offense (which he maybe should have been), I don’t see any options for you.
This doesn’t seem to make much sense, but you also have obligations in this scenario that would be hard to prove you fulfilled – signaling with sufficient time before slowing down for one. If that had been a marked intersection he would have been 100% at fault, I think the implication is that Driver B doesn’t need to be hypervigilant at each private roadway and the burden is on the person turning in to prevent collisions. That being said, its a bit of a weird situation as they were blatantly violating a traffic law.
I had the same situation and learned that itÔÇÖs not actually illegal to pass on a solid line.
I had the exact same thing happen. I was turning left into my work & some kid came flying around the corner & passed me …tore the bumper off destroyed the left fender & tire etc etc.
I was told by the police officer that it was 50/50 because the kid was probably speeding around a blind corner & the damage that occured. It wasn’t fun. My back is still screwed up & that was 13 years ago
Argue with them because if he was speeding, it’s half his fault
75% is pretty good. Most of the time it is 100%.
Read 12(1) that outlines the section:
“This section applies when automobile ÔÇ£AÔÇØ collides with automobile ÔÇ£BÔÇØ, and both automobiles are travelling in the same direction and in adjacent lanes.”
Based on your description, they were not travelling in an adjacent lane, they were in the same lane, when you made your turn. If they had already moved into the other lane, then 12(6) may apply.
However, section 20(c) states that if they are passing in a prohibited passing area (with sign), they are at fault. IS there such a sign in this area?
Best of luck. Had a neighbour that this happened to. The other vehicle was a cop car without using emergency lights. She fought and lost. As far as she could tell, the fault diagrams are pretty much rock solid and not open to circumstance.
I thought that a solid yellow didn’t allow turning into a driveway….
Threads like this are a great example of why we should be retesting drivers on a regular basis – both written and in car exams. If you genuinely donÔÇÖt know how you are at fault here, please consider taking some driver training
sad fact is, internally, a lot of insurance companies have the policy of “left turners are always at fault” – and you admitted to turning left.
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Hate back in park fanatics at everyone’s expense. Just park your stupid car and move on.