So you're assuming the rest of the cars are going the speed limit?

It's very clear the Defender driver is not at fault here. Not sure why it's difficult for people to understand that it's a drivers responsibility to ensure that a lane (or two in this case) is clear before moving into that lane. The other car panicked because they were missing the exit, their view was blocked because of the 18 wheeler and they side swiped the Defender.

Separately, the force, angle and location of where the Defender was hit would send any SUV into a roll.

 

I'm not assuming anything. The proof is there. The Defender is blowing by this driver who is already 15-18 over. She's easily doing 80+ in a 50. That's reckless driving in Florida. It's criminal at 30 over.

It's defenseless.



Clearly at fault and not debatable. Add passing on the right in an unsafe manner and she's extremely lucky nobody else got hurt because charges probably would have been brought against her.

Florida works like that. If you are in violation of 2 laws simultaneously and cause an accident with injury, it's no longer considered an "accident". Yer forked.

 

Wow, you are really that dense?

1. It is legal to pass on the right in Florida
2. All the cars involved were speeding
3. The other car hit the defender on its side! Which means it moved into the Defenders lane, without making sure the lane was clear. The Defender has the right of way in that lane, full stop.

By your argument, a driver can just switch lanes with no regard to ensuring the desired lane is clear? If a car is in the desired lane but they are speeding, it's OK to side swipe them? Give me a break.

 

You can insult me all you want but it doesn't help your argument.

1. Yes, it is legal to pass on the right in Florida with a condition. "The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety." That's the law. By virtue of her excessive speed, the lady was, by legal definition, driving recklessly. This was, therefore, NOT a legal move.

2. If all the drivers were drunk, would it be okay? Are you seriously making the argument that "everybody is doing it"? The driver with the camera is doing 65-68 and that appears to be the flow. The Defender should not have been 20 over the flow and 30-35 over the limit.

3. Yes, and that driver would receive a moving violation as well. I clearly agreed with that above. They are BOTH at fault and, if it went to a jury, they would have to try to find comparative negligence. The Defender driver would be found more at fault here based on the tickets that were issued.

You go on to say, "By your argument, a driver can just switch lanes with no regard to ensuring the desired lane is clear?"

Beyond the fact that I never said that, how do you suppose you would be able to check a lane and be certain that it's clear, even in a legal single lane change, when some asshat is hidden blowing past a semi at 30 over into your blind spot. Again, I'm NOT defending the car but, at some point you have to realize that the Defender is driving recklessly. And, if you don't, at least the FHP did.

​​​​​​Here's the problem.



That specific part exactly where this happened is literally the worst in the US. We have a problem here with people who think it's fine to floss through traffic at 80, 90, 100++ mph. All you need to do is look at the results and drive past a few spectacular accidents to understand that it's not a good idea. Last week a 24 yo guy was going so fast, he launched off a new and very gracefully curved overpass with large concrete barriers, down about 75 feet onto I4 with no other cars around. Dead. Really dead. Luckily he didn't obliterate some family driving below at 10am.

I'll end this with a final thought and I'm really over talking about it. She should have just spent $1.00 to access that express lane that she rolled into. The speed limit bumps to 60 and it's nearly completely open road. FHP has been issuing tickets in that area left and right though.




Truthfully, I posted the original video to share how well the Defender held up in an accident. Didn't expect it to devolve into this so, yeah, I guess I am dense.

 

In no state is it legal to pass on the right. There are exceptions (but the base laws are pass on the left) and none appear to apply in the short video. (Sec. 316.083 is the "not allowed" and 316.084 are the "exceptions" for Florida). Also, I've dealt with a LOT of traffic courts and attorneys to help navigate them. The concept of having a "right of way" is a common misperception. You can "Yield" right of way (and there are laws that apply to the yielding of it), but you technically don't "Have" the right of way. Next time you are talking to a police officer, ask about it. They will give you a long lecture - especially if sitting in a vehicle. I, unfortunately, have personal experience in a few states with that. I'd also agree that it was clearly reckless driving on the Defender's part. There's a big loop hole in most of this called "contributory negligence". They both should have wound up with a ticket and if either insurance company (or the police) saw that film, they'd be paying their own ways thru fixing their vehicles.

Folks who fly thru slowing traffic on the right lane don't get an immunity idol. At best they are a partner in the accident.

 

Sorry but you are both wrong. I'll end with this from the Florida driving laws:

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

If you believe the driver of the other car met that requirement you should park your car and never drive again.

 

@Yulongtd6 - My statement/citations was re: the Defender. Your quote is applying to the "other car". We both agree that the "other car" illegally hit the Defender.

If two drunk drivers make illegal turns into each other, I believe that they both are at fault. What @_Allegedly and I are trying to say is that similarly, both are at fault. Like @_Allegedly , I think I'll check out too.

 

Jesus, you are so stuck on that point that you're blind to the fact that I already stated that they didn't commit a moving violation. Nobody. was. ever. arguing. that.

It doesn't change the fact that the Defender driver committed at least 3 moving violations. Speeding (criminal), reckless driving (criminal), and passing UNSAFELY (key word) on the right.



#2 "permitting such a movement in safety" was not met by virtue of excessive speed and reckless driving.

​​​​​Does it excuse the car from their violation? No. Does it make it extremely difficult to merge over when someone is doing 30 over the limit into your blind spot? Certainly.

The fact that you're arguing that driving like that is somehow acceptable pretty much tells me we're never going to agree so let's move on.
​​​​

 

Boy, y'all REALLY want to argue. I have never gotten into this situation, but it's nice to know that thing can roll at that rate of speed and you can walk out a little dazed.

 

I read the initial posts and then just skipped down to the bottom to post my I4 educated opinion.

I used to drive this road everyday for about 10 years. And I still am on it almost every weekend of the year. First of all , legal or not, passing in the right hand lane is required, due to what used to be known as the "left lane bandits" who attempt to impose their will to "make sure no one goes too fast" Now they are joined by the phone users in the middle lanes. So that leaves the right hand lane for people that have a destination in mind. NOW, that being said, can you just blindly run 90 mph in the right hand lane? No because you have to pay attention to where the exits are since people like to slow down to 40 before even signaling they are taking an exit. As well as the on ramps that contain people that were absent that day in class when they taught "how to merge onto an expressway".

Bottom line is there are sections where the right lane is the fastest and other sections where the left lane is the fastest. Pay attention, never assume, and keep the shiny side up people.

Also, I know it is legal now but PLEASE try not to drive with your hazards on just because its raining. It seems that just because 1 billion were breaking the law by running hazards while moving, they felt compelled to change the law. In my mind, if I see hazard lights flashing, you are STOPPED. Oh well so much for that thought.

-gary