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mgburg · #4 02-15-2008, 02:28 AM

Quote:

Originally Posted by Jim B.

The California one is really, really tough.

Here was an actual California bar examination question (as best I can remember):

"Two vehicles are approaching an intersection. There has been a terrible storm going on, and the power was interrupted such that the signal light at the intersection now was displaying a green light from BOTH directions. The city had been notified of this, three hours previously, but had done nothing to fix the problem since that time. The first driver (#A) was speeding, and the other driver (#B) was not speeding, but was driving in violation of an ordinance which stated that you shall not operate a motor vehicle while under the influence of Alcohol.

BOOM!!!! (Crash!!). Discuss."

If THAT didn't sink you, the "Rule Against Perpetuities" certainly might...

I don't believe that the "I got here first!" rule applies, so therefore, I believe that the vehicle, on the left at the intersection, should have yielded the right of way...regardless of the lights' condition(s) - since BOTH directions were showing something that was not possible (green) and both drivers should have been exercising due caution (due to the weather conditions as stated)...the intersection should then be treated as if it were a 4-Way Stop.

If we were to assign blame in the crash, the scale is tipped to the favor of the vehicle that hit by the non-yielding vehicle.

As to the other details...I'd apply a little "Saul" logic and;

#1.) Have a DA, from another county, investigate and prosecute the public entity that should have been correcting the "light situation" to begin with...then, as a judge from that accident's district, recuse oneself and assign the case to another judge from a different district...

#2.) Take driver one and fine him for speeding and causing an accident - penalties to take into account the severities of the damages/injuries;

#3.) Take driver two and fine him for OUI and causing an accident - likewise, penalties to take into account the severities of the damages/injuries...

Do I win a "sheepskin?"