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Article 17D
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<blockquote data-quote="raceanoncr" data-source="post: 259912" data-attributes="member: 6408"><p>Alright, here are a few guidelines taken from "UPS-How to Judge Auto Accidents Effectively". A policy paper that UPS-only accident investigators are supposed to have. It must have "accidently" fell into my hands.</p><p> </p><p>There are 3 pages of criteria so I'll try to make it brief. This is quoting from the paper:</p><p> </p><p>"Basically, there is one question which should always be asked in determining avoidability:</p><p> 'Did <em>our </em>(italics theirs) driver take every reasonable precaution to </p><p> avoid the accident?' </p><p>If the answer is 'No', our driver was not driving defensively and, thus, the accident should be judged 'Avoidable'." </p><p> </p><p>"If the answer to all applicable questions is 'Yes', then our driver may be free of fault, and the accident should be considered 'Unavoidable'."</p><p> </p><p>In your case, MAC, (I take it you were hit in intersection, since violator hit you in side), here are questions that would have been asked:</p><p> </p><p>*Did our driver approach the intersection at a controlled speed which was reasonable for the conditions?</p><p> </p><p>*Was our driver prepared to stop before entering the intersection regardless of right of way?</p><p> </p><p>*Did our driver avoid entering an intersection on the amber signal?</p><p> </p><p>*Did our driver follow the precautionary steps required when approaching a flashing red or yellow signal?</p><p> </p><p>*At a blind corner, did our driver approach slowly, with a foot on the brake pedal?</p><p> </p><p>*Did our driver make certain all other drivers were stopping for a traffic light or stop sign?</p><p> </p><p>*Was our driver alert for the turns of other vehicles?</p><p> </p><p>*Did our driver avoid overtaking or passing at the intersection?</p><p> </p><p>*When our driver's signal changed to green, was the driver sure all cross traffic had stopped before proceeding?</p><p> </p><p>*If the view of cross traffic was blocked by vehicles beside our driver, did our driver remain at a standstill until the view was clear?</p><p> </p><p>*Did our driver signal a change in direction well in advance?</p><p> </p><p>*Did our driver allow oncoming traffic to clear before making a left turn?</p><p> </p><p>*Before turning left, did our driver turn and look to the rear for overtaking vehicles about to pass on the left?</p><p> </p><p>*Did our driver turn from the proper lane?</p><p> </p><p>*If in doublt, did our driver stop?</p><p> </p><p>*Did our driver avoid depending on others obeying traffic signs and signals?</p><p> </p><p>*Did our driver obey all traffic signs and signals? </p><p> </p><p>I realize that you said you were hit when he was traveling at 35 MPH and received 2 violations. This sounds like a good case to me. Good for getting your job back but if you recognize any of the questions that could have been in your case and favor, then it also sounds like you were terminated unjustly and you should also ask for back pay. </p><p> </p><p>Anymore, please feel free to PM me</p></blockquote><p></p>
[QUOTE="raceanoncr, post: 259912, member: 6408"] Alright, here are a few guidelines taken from "UPS-How to Judge Auto Accidents Effectively". A policy paper that UPS-only accident investigators are supposed to have. It must have "accidently" fell into my hands. There are 3 pages of criteria so I'll try to make it brief. This is quoting from the paper: "Basically, there is one question which should always be asked in determining avoidability: 'Did [I]our [/I](italics theirs) driver take every reasonable precaution to avoid the accident?' If the answer is 'No', our driver was not driving defensively and, thus, the accident should be judged 'Avoidable'." "If the answer to all applicable questions is 'Yes', then our driver may be free of fault, and the accident should be considered 'Unavoidable'." In your case, MAC, (I take it you were hit in intersection, since violator hit you in side), here are questions that would have been asked: *Did our driver approach the intersection at a controlled speed which was reasonable for the conditions? *Was our driver prepared to stop before entering the intersection regardless of right of way? *Did our driver avoid entering an intersection on the amber signal? *Did our driver follow the precautionary steps required when approaching a flashing red or yellow signal? *At a blind corner, did our driver approach slowly, with a foot on the brake pedal? *Did our driver make certain all other drivers were stopping for a traffic light or stop sign? *Was our driver alert for the turns of other vehicles? *Did our driver avoid overtaking or passing at the intersection? *When our driver's signal changed to green, was the driver sure all cross traffic had stopped before proceeding? *If the view of cross traffic was blocked by vehicles beside our driver, did our driver remain at a standstill until the view was clear? *Did our driver signal a change in direction well in advance? *Did our driver allow oncoming traffic to clear before making a left turn? *Before turning left, did our driver turn and look to the rear for overtaking vehicles about to pass on the left? *Did our driver turn from the proper lane? *If in doublt, did our driver stop? *Did our driver avoid depending on others obeying traffic signs and signals? *Did our driver obey all traffic signs and signals? I realize that you said you were hit when he was traveling at 35 MPH and received 2 violations. This sounds like a good case to me. Good for getting your job back but if you recognize any of the questions that could have been in your case and favor, then it also sounds like you were terminated unjustly and you should also ask for back pay. Anymore, please feel free to PM me [/QUOTE]
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