Bruce Jenner Becoming a Woman and more...

[Kimberlyd125]

The Rules of the Road state that if a vehicle hits another vehicle from behind; it is the fault of the tailing driver. This rule is applicable regardless of the reason for stopping. The rule requires drivers to follow other vehicles at a safe following distance. For that reason, if a tailing driver is not able to stop in time and hits the vehicle in front of it; the law states that the driver was not driving safely.

http://rearendcollision.net/

The sudden and unexpected entrance of another vehicle, pedestrian, or object into your rightful lane of travel provides some relief from the ACDA (assured clear distance ahead) rule and accounts for the most common situation in which the driver of the rear vehicle is not liable in a rear-end collision.

http://www.all-about-car-accidents....fault-rear-end-collision-when-front-car-fault

If the Prius didn't enter the highway suddenly or change lanes suddenly then I wouldn't expect that driver to be at fault. JMO

If the Prius was in the process of an illegal u-turn, there is some fault there and could be a contributing factor. Therefore may carry some fault in a comparative fault accident.

Yes both the drivers of the Lexus and the Escalade were at fault. But the driver of the Prius could also share a percentage.

This very well will come down to percentages when the insurance claims and law suits start to be settled.

JMO

 

[sonjay]

If the Prius was in the process of an illegal u-turn, there is some fault there and could be a contributing factor. Therefore may carry some fault in a comparative fault accident.

Yes both the drivers of the Lexus and the Escalade were at fault. But the driver of the Prius could also share a percentage.

It seems pretty clear from the moment-of-impact photos that Jenner and the Lexus were in the northbound lane, and there is a center turn lane between their lane and the southbound lanes.

So if the Prius had stopped to make an illegal u-turn, the Prius should have been in the center turn lane and should not have stopped in the actual northbound lane. It seems to me that would put at least somewhat more fault on the Prius, if that's in fact what happened.

I also wonder if possibly the Prius had previously stopped in the center turn lane, then without warning pulled back out into the northbound lane right in front of the Lexus -- giving the Lexus no chance to stop, and giving Jenner no chance to stop. Something like that could be an exception to the rear-end driver generally being at fault.

Barring something like that, though, Jenner would almost certainly have to bear at least some of the fault.

The Prius is seeming pretty mysterious right now. It seems that they were far enough from the traffic light that it wouldn't have been stopped for the light. And given that there's a center turn lane, I can't think of any reason for the Prius to have been stopped in the northbound lane. The Prius driver hasn't yet been identified publicly (that I know of), and the only picture I've seen of the Prius looks like the Prius continued on a surprising distance down the road after the accident before stopping.

I don't give Jenner a pass on this -- if he didn't allow enough room for his SUV pulling a trailer to stop without hitting the Lexus, then he's at fault (even if he shares fault with others). But I really want to know more about the Prius -- exactly where it was, and what it was doing and why.

 

[Kimberlyd125]

So they still have all 4 vehicles. That makes a lot more sense to me.

http://www.foxnews.com/entertainmen...phone-records-in-fatal-crash-involving-bruce/

The sheriff's department has custody of all the vehicles and will be inspecting them to ensure they are mechanically sound or whether a defect prevented somebody from stopping in time.

 

[Kimberlyd125]

IMO from reading what I have so far... The only driver who has 0% liability in this accident is the driver of the Hummer.

JMO from the info we have been given so far.

 

[jjenny]

Because one car can have a great deal of damage while the other has little. (I've given an example of $128 damage on my Corolla and a LOT more to the Grand Am that hit me).

And we haven't seen a picture of the front of the Lexus. Or at least I haven't.

There is a photo of the right side of it, posted on tmz, with the front looking perfect. Right front taillight is fine, not a scratch on it.
Now, it's not the whole front, but unless there are more photos of the impact, we are not going to see the photos of the front as it was during the impact with Jenner's car, as Lexus was spun into oncoming traffic, collided with the Humvee, and the front was horribly damaged from that.

 

[jjenny]

Judging from the damage to the rear of the Prius I don't think that it was stopped. It probably slowed down in anticipation of the intersection 300 feet ahead when it was rear-ended by the Lexus. By comparison the rear-end of the Lexus sustained much more damage and we know it was not stopped when it was rear-ended by Jenner who - as photographic evidence proves - was tailgating the Lexus. If the Prius was actually stopped on the highway and attempting to make a U-turn (as TMZ is speculating) I could see some fault being assigned to the driver but if it just slowed down (regardless of how sudden) I cannot see blame being assigned to the Prius driver. The California DMV handbook advocates the "three second rule" for safe following distances. Had Bruce Jenner (and perhaps the deceased driver of the Lexus) followed this rule tragedy would have been averted. Another fatal mistake by Jenner was his sudden swerve to the right at the last millisecond. This caused his Escalade to hit the right rear side of the Lexus which launched it into incoming traffic. Had he instead hit the Lexus square-on everyone would have walked away from this accident.

Jenner's car was an SUV and he was towing a buggy behind it. His car was vey heavy. So it could cause more damage.

 

[Irisha]

If you mean the red thing with a gold stripe, it's most definitely a pole.
I googled for other photos of the accident, and there are photos showing it very clearly.
You can see here, it's a pole.

http://pagesix.com/2015/02/07/bruce-jenner-involved-in-fatal-crash-near-la/

There is a red headlight flying behind the Lexus in photo #3, but that its own headlight.

In pic # 1 looks like the deceased has a yellow cell phone in her left hand.

 

[jjenny]

In pic # 1 looks like the deceased has a yellow cell phone in her left hand.

Both of them are holding something in their left hand.

 

[nrdsb4]

If you mean the red thing with a gold stripe, it's most definitely a pole.
I googled for other photos of the accident, and there are photos showing it very clearly.
You can see here, it's a pole.

http://pagesix.com/2015/02/07/bruce-jenner-involved-in-fatal-crash-near-la/

There is a red headlight flying behind the Lexus in photo #3, but that its own headlight.

In pic # 1 looks like the deceased has a yellow cell phone in her left hand.

I just saw that as well! Could be that more than one driver was distracted that day, whether by cell phones, smoking, paparazzi, whatever. I can't think of many legit reasons to be holding a phone in one's hand while driving if one wants to remain completely focused on driving.

 

[Irisha]

Both of them are holding something in their left hand.

Big difference between a cell phone and a cig. Was the deceased distracted by her cell phone?
I'm not blaming the victim, but all things must be considered too.
http://www.usatoday.com/videos/life/people/2015/02/08/23099035/

 

[jjenny]

Big difference between a cell phone and a cig. Was the deceased distracted by her cell phone?
I'm not blaming the victim, but all things must be considered too.
http://www.usatoday.com/videos/life/people/2015/02/08/23099035/

If they are both holding something in their left hand, while using the right hand to drive, how is that a big difference? Each seems to be driving with one hand only.

 

[Irisha]

If they are both holding something in their left hand, while using the right hand to drive, how is that a big difference? Each seems to be driving with one hand only.

It's not illegal to smoke and drive. Only a couple reasons to have a cell phone in your hand while driving( and I understand that's a dangerous area to drive), checking messages, texting, talking on speaker phone.

 

[jjenny]

It's not illegal to smoke and drive. Only a couple reasons to have a cell phone in your hand while driving( and I understand that's a dangerous area to drive), checking messages, texting, talking on speaker phone.

I can't see what exactly either one is holding in their hand, except that it's something. And some states are trying to make it illegal to smoke and drive.

 

[Irisha]

I can't see what exactly either one is holding in their hand, except that it's something. And some states are trying to make it illegal to smoke and drive.

https://answers.yahoo.com/question/index?qid=20100224143107AAt7yCO


It's my opinion the deceased is holding a cell phone.

 

[nrdsb4]

Whether illegal or not, people do a lot of things while driving which have the potential to be dangerously distracting:

Cell phone use of any kind, eating, checking ones' reflection in the mirror, yelling at or talking to kids in the back seat, putting on makeup, smoking, carrying on a heated conversation with a passenger, etc.

I've seen people driving on the highway with a newspaper or book placed on the steering wheel. Unbelievable.

We've all probably done at least one or more of the above. The thing is, it only takes a moment for something to happen and we don't legally get to avoid consequences by saying that everybody does it.

In this accident, it may well be that not only one single driver will be blamed for the outcome-there could be shared culpability.

 

[LinasK]

I just saw that as well! Could be that more than one driver was distracted that day, whether by cell phones, smoking, paparazzi, whatever. I can't think of many legit reasons to be holding a phone in one's hand while driving if one wants to remain completely focused on driving.

It's illegal in California to be holding a cell phone while driving. You can make hands-free calls using a bluetooth device.

 

[FDLibra]

I feel for everyone involved. So far, it seems like an accident that could happen to anyone if they got distracted for a moment. It doesn't seem like speed, alcohol or drugs were involved, maybe cell phone usage. I would feel awful in Bruce's position.

 

[Kimberlyd125]

There is a photo of the right side of it, posted on tmz, with the front looking perfect. Right front taillight is fine, not a scratch on it.
Now, it's not the whole front, but unless there are more photos of the impact, we are not going to see the photos of the front as it was during the impact with Jenner's car, as Lexus was spun into oncoming traffic, collided with the Humvee, and the front was horribly damaged from that.

Again, it hit a Prius. We saw the damage to the Prius. It was pretty bad.

So we know from that and the reports that the Lexus hit the rear end of the Prius.

 

[Kimberlyd125]

It's not illegal to smoke and drive. Only a couple reasons to have a cell phone in your hand while driving( and I understand that's a dangerous area to drive), checking messages, texting, talking on speaker phone.

And as a smoker, I can tell you I have never been distracted while a cigarette was in my left hand. You don't have to look at the cigarette.
Cell phones are totally different IMO.

JMO

 

[Fifth Avenue]

TMZ via twitter:

#Breaking: Bruce Jenner has lawyered up in the wake of Saturday's fatal crash http://t.co/uWFW6qL4LT


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