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Deadly Crash
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Jim Naden
Posted 6/10/2023 02:38 (#10263887 - in reply to #10261573)
Subject: RE: Deadly Crash



Southeastern Tipton County, Indiana

Fellers Ranch - 6/8/2023 10:08 Agreed. There are far too many unknowns to determine percentages of fault at this point (at least based on what I've see in this thread). Some situations come down to multiple parties get "stuck" with a percentage of the fault, in order to get the financial aspects of the civil case resolved. Theoretically, if something like this went to a jury, it could allocate fault something like: 17 year old girl: 40% of total fault, for basic negligence Girls parents: 20% of fault for "negligent entrustment" one or both Nutrien drivers: 35% of fault for not taking appropriate precautions to allow vehicles to safely pass (or on Nutrien for not properly training the emplyoees) Semi-driver: 5% for missing the opportunity to take evasive action. (Depending on state law, the use or non-use of a seatbelt could also be a factor. Many states don't allow the lack of a seatbelt to be presented to the jury.) I do NOT mean to suggest at all that this is how it would actually play out. I am just giving a hypothetical example so people can give thought to whether blaming it totally on the girl at this point -- without knowing all of the facts -- is fair, or even logical.


This will sound harsh, but had the semi driver not tried to evade and stayed in his lane he probably would have just smoked the girl, stayed upright and the tank pullers maybe get some flying shrapnel.

There's a reason most commercial company drivers manual states to never leave the road to avoid an accident.

This stretch of highway is straight and very flat, (Tipton County, IN has less than 90 feet of geographical relief) the shoulders are narrow and the ditches can be a little steep.

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