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View Poll Results: Who was at fault
Subaru for tailgating
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Honda for brake checking
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Both of them
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don't tailgate....

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Old 06-02-16, 12:10 PM
  #31  
mmarshall
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Originally Posted by My0gr81
Most jurisdiction's highway traffic acts would agree that safe flow of traffic trumps posted speed limits. That works both ways, faster or slower than the posted limit. Both drivers were in the wrong, but not because of how much faster they were going over and above the speed limit. One for Impeding safe flow of traffic and dangerous driving and the other for following too close and dangerous driving.
I don't agree that it is "impeding" the "safe" flow of traffic. Safety is not necessarily determined by how many scofflaws can whiz along in the left lane (or in any other lane, for that matter) without getting a speeding ticket.

There is nothing unsafe about driving the posted limits (or relatively close to them)....and police and/or speed-cameras usually will not nab you unless you are going around 10 MPH or more over the limit. That is to take into account things like inherent speedometer error, speedometer error caused by aftermarket-sized wheels/tires, and the effect of gravity coming down hills. One must remember that posted limits are usually (but not always) set by traffic engineers after a careful study of the road's physical characteristics, potential for danger, and average traffic-volume.



Here in Ontario and all other Canadian provinces, if a major injury or death occurs due to dangerous driving, it can be grounds for criminal charges.
Though they may differ a little from state to state, we have similar laws here in the U.S.....usually listed under the category of Vehicular Manslaughter, Vehicular Negligence, or Reckless Driving,

Last edited by mmarshall; 06-02-16 at 12:13 PM.
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Old 06-02-16, 03:55 PM
  #32  
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I have another question, why would you drive wrecklessly/like a douche in that Subaru with a dash cam??? I mean if you are incapable of following the law, you probably shouldn't have a dash cam that incriminates you. There are several levels of stupidity at play here, on the part of both drivers.
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Old 06-02-16, 04:07 PM
  #33  
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Originally Posted by Aron9000
I have another question, why would you drive wrecklessly/like a douche in that Subaru with a dash cam??? I mean if you are incapable of following the law, you probably shouldn't have a dash cam that incriminates you. There are several levels of stupidity at play here, on the part of both drivers.
Amen, your right about the dashcam. That was one of the reasons for me getting one after moving to Houston. Me knowing that I'm recording helps me keep a level head. Even with idiots at every turn around here.
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Old 06-02-16, 04:16 PM
  #34  
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Originally Posted by mmarshall
I don't agree that it is "impeding" the "safe" flow of traffic. Safety is not necessarily determined by how many scofflaws can whiz along in the left lane (or in any other lane, for that matter) without getting a speeding ticket.

There is nothing unsafe about driving the posted limits (or relatively close to them)....and police and/or speed-cameras usually will not nab you unless you are going around 10 MPH or more over the limit. That is to take into account things like inherent speedometer error, speedometer error caused by aftermarket-sized wheels/tires, and the effect of gravity coming down hills. One must remember that posted limits are usually (but not always) set by traffic engineers after a careful study of the road's physical characteristics, potential for danger, and average traffic-volume.
well said MM !!!!
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Old 06-02-16, 04:19 PM
  #35  
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There was nothing particularly douchey about the Subaru's driving style which can only be described as "With purpose" judging by the pre-incident snippet.



They did however commit three mistakes:

a) Attempting to pass on the right (in front of the pickup the Pilot passed), Which the Pilot driver "wasn't having" by brake checking aggressively and immediately accelerating to get back to speed.

b) Attempting to pass on the right a second time after the Pilot made their intent to disallow this action clear, which the Pilot driver responded to childishly by abruptly and aggressively brake checking a second time.

c) Not staying in their lane and subsequently losing control due to abrupt and likely distressed directional change at the onset of the second brake check.


The liability would likely be shared as far as insurance goes depending on the state, but i can think of several offenses i'd cite the Pilot driver for, some of which would result in a suspended Driver License.

Last edited by litesoarer; 06-02-16 at 04:24 PM.
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Old 06-02-16, 04:32 PM
  #36  
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Originally Posted by litesoarer
There was nothing particularly douchey about the Subaru's driving style which can only be described as "With purpose" judging by the pre-incident snippet.



They did however commit three mistakes:

a) Attempting to pass on the right (in front of the pickup the Pilot passed), Which the Pilot driver "wasn't having" by brake checking aggressively and immediately accelerating to get back to speed.

b) Attempting to pass on the right a second time after the Pilot made their intent to disallow this action clear, which the Pilot driver responded to childishly by abruptly and aggressively brake checking a second time.

c) Not staying in their lane and subsequently losing control due to abrupt and likely distressed directional change at the onset of the second brake check.


The liability would likely be shared as far as insurance goes depending on the state, but i can think of several offenses i'd cite the Pilot driver for, some of which would result in a suspended Driver License.
What did the Subaru drive do. Every state has a basic speed law. That law states " one must drive at a safe and prudent speed. Taking into account all traffic conditions, and must be able to stop within the assured cleared distance ahead." By following at a distance that you can't stop in if something happens is breaking this law.

Here is a screen shot just as the pilot brake checks the second time. Look at the distance. The Subaru is also still accelerating closing the gap.
Attached Thumbnails don't tailgate....-image.png  

Last edited by Coleroad; 06-02-16 at 04:46 PM.
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Old 06-02-16, 04:45 PM
  #37  
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Provoked, or not, The Honda Pilot's driver knowingly and willingly created an unsafe condition not once, but twice in an increasingly aggressive manner.

This trumps the Subaru driver's careless approach and mishandling in this incident.
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Old 06-02-16, 04:48 PM
  #38  
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Here is a screen shot of what it looks like at stop light through a dashcam.
Attached Thumbnails don't tailgate....-image.png  
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Old 06-02-16, 04:49 PM
  #39  
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Originally Posted by Aron9000
I have another question, why would you drive wrecklessly/like a douche in that Subaru with a dash cam??? I mean if you are incapable of following the law, you probably shouldn't have a dash cam that incriminates you. There are several levels of stupidity at play here, on the part of both drivers.
I'm guessing (but can't prove) that the guy in the Legacy he was also driving on another level of stupidity....probably with bad or badly-worn tires. Subaru AWD systems have a reputation for excellent traction, and, to get the rear end to slide out like that, especially on a dry paved surface, you've really got to either really yank the emergency brake hard while cross-steering (like the WRX/STi and Mitsubishi Evo guys do on soft-surface rallying), or you have to have really bad-condition tires that aren't gripping at all. My strong guess is bad tires.

Last edited by mmarshall; 06-02-16 at 04:55 PM.
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Old 06-02-16, 04:50 PM
  #40  
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Originally Posted by litesoarer
Provoked, or not, The Honda Pilot's driver knowingly and willingly created an unsafe condition not once, but twice in an increasingly aggressive manner.

This trumps the Subaru driver's careless approach and mishandling in this incident.
They are both idiots. Both knowingly and willingly create an unsafe situation twice.Both were aggressive in this case.
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Old 06-02-16, 04:54 PM
  #41  
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Originally Posted by Coleroad
Here is a screen shot just as the pilot brake checks the second time. Look at the distance. The Subaru is also still accelerating closing the gap.
Which is precisely why careless driving applies in this case.

I'm not arguing that the Subaru had no dog in this fight, in fact, I highlighted the fact they were attempting to pass on the right. They should have hung back after the Honda shut them down the first time rather than go back for seconds.

The Honda still holds top spot as the aggressor, however.
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Old 06-02-16, 05:02 PM
  #42  
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Originally Posted by mmarshall
I'm guessing (but can't prove) that the guy in the Legacy he was also driving on another level of stupidity....probably with bad or badly-worn tires. Subaru AWD systems have a reputation for excellent traction, and, to get the rear end to slide out like that, especially on a dry paved surface, you've really got to either really yank the emergency brake hard while cross-steering (like the WRX/STi and Mitsubishi Evo guys do on soft-surface rallying), or you have to have really bad-condition tires that aren't gripping at all. My strong guess is bad tires.
My guess is no amount of AWD/stability control or whatever was going to save his butt. Looks like he darted right really quick, upset the balance of the car and way overcorrected to the left. If he was on the brake while doing this maneuver, it would put all the weight on the front nose of the car, leaving the back end light to where it would want to slide around on him. Whatever he did in that initial quick dart to the right upset the balance of the car and he way over corrected. If he were in an SUV I think he would've rolled it before even hitting the guard rail.
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Old 06-02-16, 05:14 PM
  #43  
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Originally Posted by Aron9000
My guess is no amount of AWD/stability control or whatever was going to save his butt. Looks like he darted right really quick, upset the balance of the car and way overcorrected to the left. If he was on the brake while doing this maneuver, it would put all the weight on the front nose of the car, leaving the back end light to where it would want to slide around on him. Whatever he did in that initial quick dart to the right upset the balance of the car and he way over corrected. If he were in an SUV I think he would've rolled it before even hitting the guard rail.
Agreed that those may also have been factors, but bad tires only make something like that even more likely to happen.
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Old 06-02-16, 07:21 PM
  #44  
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The pilot driver caused an accident, and he should be held responsible. What he did was illegal, there was clearly no reason for him to hard brake like that. Was the Subi tailgaiting, not really. The rear tires of the car in front were fully visible, which means that the distance was semi safe, semi because of the speed. Subi did not endanger the lives of the occupants in the pilot, the pilot driver on the other hand did , and did it purposely. The guy is an a**hole.
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Old 06-02-16, 07:29 PM
  #45  
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Originally Posted by SNiiP3R
The pilot driver caused an accident, and he should be held responsible. What he did was illegal, there was clearly no reason for him to hard brake like that. Was the Subi tailgaiting, not really. The rear tires of the car in front were fully visible, which means that the distance was semi safe, semi because of the speed. Subi did not endanger the lives of the occupants in the pilot, the pilot driver on the other hand did , and did it purposely. The guy is an a**hole.
The dash cam is usually mounted high on the windshield and it is a different view than you get as the driver.tg not saying the pilot driver wasn't wrong as 99 left shoes too.
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