45
votes
Accepted
If I cause a crash can I delete my dash cam footage?
As an example, under the laws of Colorado, USA, deleting the footage would be a crime. See CRS 18-8-610:
A person commits tampering with physical evidence if, believing that an official proceeding ...
- 28.6k
26
votes
If I cause a crash can I delete my dash cam footage?
If things go to court, and the court knows that camera evidence existed, then two things can happen: 1. You may be in trouble for destroying evidence. 2. In a civil court, the judge can and likely ...
- 31.9k
23
votes
Accepted
Is homicide by misadventure illegal?
“homicide by misadventure." . . . is when somebody accidentally
kills somebody else while engaged in a legal activity and without any
intent to cause harm.
There is a criminal offense sometimes ...
- 185k
21
votes
Accepted
Neighborly liability?
You can start here, with the attractive nuisance doctrine, which is aimed at children and the fact that they don't have adult common sense. The extent to which you are at risk depends on your ...
- 206k
21
votes
Does a purely accidental act preclude civil liability for its resulting damages?
In Common Law Countries
In common law countries, Dale M. is right (the vast majority of the time).
Without negligence there is usually no liability for damage to property in an accident. The general ...
- 185k
16
votes
Accepted
Does a purely accidental act preclude civil liability for its resulting damages?
This is a rule, indeed a common law expression, about a "pure accident without negligence on the part of" a person, dating back in England to at least 1863; in the US found in Culbert v. ...
- 206k
11
votes
Accepted
Damaged library books by accident
If this is a public library in England or Wales, then they are allowed to charge for lost or damaged items, at their discretion, even though there is a general duty for libraries to make their normal ...
- 2,984
11
votes
Accepted
Who is at fault in a car accident when running a red light?
The apportionment of fault will be highly case specific, based on ordinary principles of negligence.
In one example, the fault was apportioned with 60% of the fault to the late left turner and 40% of ...
- 36k
10
votes
Accepted
Can you charge someone with perjury during a traffic stop
As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack ...
- 55.8k
10
votes
Does a purely accidental act preclude civil liability for its resulting damages?
I'm in germany.
If this were true in general, there wouldn't be any need for liability insurances to cover exactly these cases that ohwilleke describes as "shit happens", i.e. where the ...
9
votes
Hit during traffic stop
In principle, police are liable for the safety of anyone they detain. If an officer creates a hazardous condition, as was described in this scenario, he or his agency (which effectively means the ...
- 21.4k
9
votes
If I cause a crash can I delete my dash cam footage?
Under UK law this could be considered Perverting the course of justice, which includes The disposal, or fabricating, of evidence.
There are defences you can use such as Genuine mistake or error. So ...
- 257
9
votes
If a 12 year old child uses his mother's car without her consent
Depending on the country (not mentioned), the mother may be at fault for not keeping the car out of the hands of her son, but on the other hand, it seems quite impossible to 100% prevent a determined ...
- 31.9k
8
votes
What possible penalties can there be for failing to comply with rule 286 of the UK highway code?
In the event that one (or more) of the following applies:
Personal Injury, or
Damage to a Vehicle, or
Damage or Injury to an Animal
Damage to Property attached to the road where the accident occurred
...
- 4,084
7
votes
What if persons involved in the accident with the same Insurance company?
You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is ...
- 112k
7
votes
Accepted
Harming a nearly dead person
Does he die from the poison or from the head injury?
If it's from the poison, yes, Alice is guilty of murder. If it's from the head injury, Alice is guilty of attempted murder.
If Bob dies from a ...
- 55.8k
7
votes
Accepted
What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?
According to Rule 286 of the Highway Code then the actual legal requirement doesn't mention an exchange of insurance details.
If you are involved in a collision which causes damage or injury to any ...
- 407
6
votes
What would be the fastest way to sue someone in a traffic accident? Post Accident Legal Strategies
Short answer
The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly ...
- 185k
6
votes
Accepted
Found at fault in non-left turn collision
An insurer can’t find anyone at fault
An insurance company cannot find you or anyone else at fault - they don't have the power. They are alleging that you are at fault and, presumably, demanding ...
- 192k
6
votes
Accepted
Expert trying to blame me for an accident
No, you cannot sue the expert for his errors.
You can sue the insurance company for failing to pay out per the insurance contract. They will then introduce the expert's report as evidence, and you ...
6
votes
Have been waiting for the seat belt part without any ETA for more than 10 months now
This would appear to violate Consumer Guarantees under the Australian Consumer Law
australia
One of the statutory guarantees is that spare parts and repairs must be available for a reasonable time ...
- 192k
5
votes
Accepted
Contesting At-Fault Car Accident
Are you at fault for the fact that Car C read ended you?
Close call. A jury could go either way.
Can this accident which is now appearing on your insurance be disputed
as Car A did not report ...
- 185k
5
votes
Can you charge someone with perjury during a traffic stop
Short Answer
No. You can't charge someone with perjury at a traffic stop.
Long Answer
Perjury is a criminal offense, not a claim that can be brought by a private individual in a civil action. ...
- 185k
5
votes
If I cause a crash can I delete my dash cam footage?
IANAL but I recommend setting a retention policy. Hopefully your dash cam will allow you to set a policy that it can implement automatigically. What you need specifically is that all footage will be ...
- 879
4
votes
Accident with a truck stopped on the road side to do road work with no sign
Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident.
When two drivers collide, responsibility can be divided among them ...
- 2,598
4
votes
Accepted
Must I report a car accident to the police?
I think this is a reference to Section 14-224:
(a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and ...
- 28.6k
4
votes
I was late to file a report in auto accident
He is mistaken.
The statute of limitations for suing someone for a car accident, and for enforcing an oral promise, are both far longer than 3-4 months.
You could get an estimate of the damages, ...
- 185k
4
votes
Does a purely accidental act preclude civil liability for its resulting damages?
it’s definitely more your fault than the person whose property you damaged
That begs the question of whether there was fault, and whether the owner put the goods at known risk.
If you put goods out ...
- 1,570
3
votes
What is comprehensive insurance for
Comprehensive insurance is generally there to cover repair / replacement for vehicle theft or non-collision damage. There is, additionally, collision insurance which covers losses arising from a ...
- 206k
Only top scored, non community-wiki answers of a minimum length are eligible