Was able to avoid an acident today by nearly inches because of the decent MINI brakes...but, I am curious whose fault it would have been if there was an accident. I think it would have been the SUV's...tell me what you think. I included a diagram of the scene since it's too complicated to explain.

 

Depending on the state, you could have been at fault as you had not cleared the intersection before changing lanes. Here in Germany, you would have been at fault. Good to know that you didn't hit or get hit.

 

I think it would be the SUV, though if you hit either vehicle from behind it would probably be on you unless you got some good witnesses to say the SUV didn't yield.

 

Right, same in the US. But, I did not change lanes until I was out of the intersection. Such a relief that nothing happened, especially since I have a 1,000 mile road trip planned tommorow .

 

Yea, that's what I figured. I was inches from the rear bumper of the VW. Yikes!!!

 

If you were to have rear ended the VW, you would have been at fault for failure to stop and the SUV would have been indifferent. If you colieded with the SUV, used your turn signal and were obeying all traffic laws the the SUV would have been at fault for failure to yeild.

I too am very happy with good brakes (but my pads are not MINI stock but a ceramic); I used them very effectively in incliment weater last night.

Glad to hear your okay and the accident was avoided, have a safe trip.

 

You would have been at fault.

 

Not really...if the SUV already stopped and saw the traffic was clear then started to pull out then he is in the clear and the MINI would be at fault..

 

|I believe yield means just that,seem as though he did not see you and pulled in front of you.When in Tucson the same thing happened to me except i was in the left lane through the intersection,the car turned right on a red which is legal,and pulled in front of me.|I struck him in the rear and he was in the wrong.Q

 

But, doesn't the SUV have to yield to everyone on the main road, regardless of which lane the car is in?

 

If traffic was clear then there wouldn't have been an accident

Yes, the SUV cannot turn onto the roadway until they a certain that they can do so without causing an accident or disrupting the flow of traffic.

 

Don't let them hem you in like that ever again....yikes!!!

 

Well, regardless of whose fault it ultimately would have been, I feel very lucky. It seems to be a bad day for the Jet Black owners. https://www.northamericanmotoring.co...ad.php?t=70929 <-- Fortunately, mine was not injured though.

Now I must get ready for lots of driving .

 

Glad to hear that you are okay and avoided an accident

Its been a bad week for JB owners.... Dont forget this one:

 

imho, you shouldn't change lanes near intersections so it would
probably been your fault to cause the accident.

i never thought the MINI's brakes were that great; i put on some
light wheels to compensate

 

It would have been the SUVs fault, unless you changed lanes in the intersection, which would make it your fault.

 

within 100 feet of intersection

 

If you had hit either the VW or the SUV in the rear, there is a burden of proof that you have to show that you were not at fault. Absent a very reliable witness (such as an off-duty police officer), you have a very tough job to prove that either the VW or the SUV are at fault.

 

SUV's fault, he is pulling out and has to yield to all oncoming traffic to him. If he doesn't yield properly and causes accident, then his fault.

But really it all depends on whose lawyer is better.

 

Even the best lawyer is going to have a tough row to hoe if the MINI rear-ends any car. There is a presumption against the person that causes the injury.

 

Ummm, the SAME thing happend to me today.....how weird...! I was going ~50mph and managed to come to a complete stop in probably 30ft. It was incredible! I can't wait for my Wilwoods! I would have t-boned the SUV on the drivers side! My MINI would have been mashed! And I just got it 5weeks ago!!!!!!

-Cody

 

That intersection is an accident waiting to happen. So many variables... high potential for any one (VW, SUV, MINI) to make a mistake due to not paying perfect attention. If the VW had stopped at the last moment, to make that turn, and you hit it, I think you would be paying for that VW driver's late decision to stop in front of you.

Ticks me off when access to office parks, condos, whatever, goes in long after the original "planner" has done his/her job properly designing the original intersection. No one with common sense stands in the way when there's a dollar to be made, <disgusted shaking head smiley>.

Had the SUV pulled out in front of you and if there was a collision, I think it would have been a judgement call for the police - if it was in my town, and the SUV didn't just come barreling thru (ie they had stopped because of the YIELD sign, before you elected to change lanes to the right), the MINI would probably be cited.

Glad you had your wits and reflexes about you,
Tatt

 

I think it depends on how far away from the yield sign you rear end the van. If its like right next to the yield sign, one have a pretty strong case that the Van didn't yield properly, thus causing the accident. But if its quite a ways down the road from the yield sign, then it looks more like a case if "I wasn't looking whats infront of me" for the Mini driver.

 

Is this a case of being partially pregnant? If you hit another vehicle (at least in California), you are "at fault". All kinds of arguments can be made about a failure to yield, but absent testimony from an expert witness (otherwise known as a police officer) that actually saw the failure to yield, it didn't happen. Hence, the steep burden of proof.

 

He only needs to clear his lane. If that lane was clear and then someone moved into it at the last min, it would be the person that changed lanes fault.

It could be argued in many ways....

Recently I was almost in an accident. I was traveling down the autobahn at roughly 120 kph (70 + mph) and in the center lane of a three lane road. Then, out of the corner of my eye, I saw a car moving hard into my lane and I swerved to the right hard but the MINI stayed with me keeping me on the road and straight. Needless to say, the car responded well and we avoided being hit. I pulled over and found that a guy had fallen asleep and nearly hit the car that nearly hit me. He was heading to the World Cup. We all walked away with no damage. It could have been much different. Thanks to MINI for a solid handling car!