Question pertaining to LEO driving laws
Hey guys,
My only experience comes from driving a fire truck. We were told to drive with due regard, and if we got in a wreck chances are we were fucked. Anyway I noticed a local deputy flipped a uey to overtake a speeder, when he did this he got hit in the left side from a car that was following him. Would it be as simple as the deputy being responsible, or would following distance/speed of the second car come into play?
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
In VA, LEO or not, if you hit someone from behind, it's your at fault. That being said, LEO didn't follow procedure and made a U turn when it was unsafe. Still most likely will not get the following car out of a ticket/at fault for insurance purposes.
Thanks for the info guys. It was just kind of confusing me.
Originally Posted By Bowhntr6pt:
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
BTDT
Originally Posted By AJE:
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
That's what those grass shoulders are for.

Pull off onto shoulder, crank the wheel and hit the gas. Ass end of the car swings around until you're perpendicular to the travel lanes. Then you can more safely cross, almost like entering from a side street.
Originally Posted By vanilla_gorilla:
Originally Posted By AJE:
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
That's what those grass shoulders are for.

Pull off onto shoulder, crank the wheel and hit the gas. Ass end of the car swings around until you're perpendicular to the travel lanes. Then you can more safely cross, almost like entering from a side street.
That's a standard "J turn"
What I was talking about is to avoid the car behind you from continuing around you and nailing you in the drivers door when you come back on the road.
Originally Posted By AJE:
Originally Posted By vanilla_gorilla:
Originally Posted By AJE:
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
That's what those grass shoulders are for.

Pull off onto shoulder, crank the wheel and hit the gas. Ass end of the car swings around until you're perpendicular to the travel lanes. Then you can more safely cross, almost like entering from a side street.
That's a standard "J turn"
What I was talking about is to avoid the car behind you from continuing around you and nailing you in the drivers door when you come back on the road.
I get what you're saying. Can do it my way, you just hafta look both ways before crossing the street.

Originally Posted By AJE:
Originally Posted By vanilla_gorilla:
Originally Posted By AJE:
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
That's what those grass shoulders are for.

Pull off onto shoulder, crank the wheel and hit the gas. Ass end of the car swings around until you're perpendicular to the travel lanes. Then you can more safely cross, almost like entering from a side street.
That's a standard "J turn"
What I was talking about is to avoid the car behind you from continuing around you and nailing you in the drivers door when you come back on the road.
A J turn is travelling backwards at speed, cutting the wheel and using the cars weight tranfer to recover quicker after putting it in drive . Above is a controlled brodie.
We were taught we're drivers first. It could be argued that both are at fault, even if the deputy activated his lights.
Lights on, operating as a emergency vehicle and able to not obey most traffic laws. As long as the officer showed due caution and didn't make the move sudden or as soon as he hit his lights then they are usually not their fault.
Did the u turn with lights off = dumb shit and their fault at least around here
Preventable accident, in my agency you're losing days for this.
Originally Posted By vanilla_gorilla:
Originally Posted By AJE:
Originally Posted By Bowhntr6pt:
If I understand the situation, this is my opinion:
Sounds like the officer is at fault. While officers can violate traffic laws in the performance of their duty (in many if not all states), they are still RESPONSIBLE for their actions concerning Rights-of-Way. If the U-turn was legal, which it sounds like it is, many states still require you to "clear and yield" to vehicles already having the right-of-way. Unless the U-turn in and of itself was illegal, sounds like he has a Fail to Yield Right-of-Way issue.
In Florida, any time you alter or change the course of your vehicle (lane change, turn, U-Turn, etc), you must make sure it (new directed path) does not interfere with traffic already exercising/using the right-of-way to which you seek to occupy. Sounds like he pulled into the right-of-way path of the other vehicle. Even when using lights and siren, you still must YIELD the right-of-way to vehicles who already have it... it's NOT 100% yours for the taking just because you have lights and siren. Failure to yield to an emergency vehicle is another related issue... in other words, the driver who got hit may NOT have met the requirements to have lawfully HAD to yield to the LEO at the time of the crash.
It's a common fuck up to swing right and off the road to get ready to flip a U-Turn only to swing back into the path of a vehicle that thought you were pulling off the road... it happens more than you think.
ETA: Yes... the other vehicle's speed and following distance CAN be "contributing factors" a crash investigator may consider.
I've always been wary of that.
If there is traffic behind me, I'll hit my lights, come to a complete stop, and back up to go sideways in the lane of travel to swing my front end left of center, then crank it left and flip around. I've always had it go smooth, but as the saying goes, if you make it idiot proof, they will make a better idiot.
That's what those grass shoulders are for.

Pull off onto shoulder,
crank the wheel and hit the gas. Ass end of the car swings around until you're perpendicular to the travel lanes. Then you can more safely cross, almost like entering from a side street.
Always fun to practice at 3am.... with no other cars around of course...

This actually happened to me once..............once. I was found at fault and charged with the accident. I made a U-turn (or attempted to

) to go after a speeder and got broadsided. Bottom line: You need to be extra careful when pulling off a u-turn......and check that blindspot, don't just use the mirrors. It cost bme a painful trip to the ER.
Originally Posted By olivers_AR:
In VA, LEO or not, if you hit someone from behind, it's your at fault. That being said, LEO didn't follow procedure and made a U turn when it was unsafe. Still most likely will not get the following car out of a ticket/at fault for insurance purposes.
Yup. 46.2-816 Following Too Closely. There is a legitimate defense to it, if the driver in front of you makes an 'emergency stop'. Other than that, yer screwed.
State law will dictate this issue.
Had I done that, I'd be more worried about the internal mess I created than the law I may have broken.
Given those circumstances, In my dept he'd get the ticket, points, remedial driving and maybe days off without pay. I don't disaggree with this policy at all.