Quote:
Originally Posted by G30M
he thinks it's the BMW's fault. that police will investigate. I still think it's 50-50.
|
He knows it's the BMW driver's fault to the letter of the law because as I said in the other thread, during TF the Nur is considered a 2-lane public road where slower traffic keeps to the right unless indicated. There was no indication, so legally he turned into the faster car on the left, and therefore is at fault.
I personally put the blame 85/15 Porsche/BMW for the reasons I stated before; the Porsche driver had the benefit of seeing the BMW driver (and I do not believe the BMW driver ever saw the Porsche), and even for a limited time, seeing how the BMW driver was driving, yet took the chance on a gap anyway without right indication from the BMW driver or the power to complete the pass before the BMW driver would naturally turn in. He made a bad judgement call, but at least he had the opportunity to make a call, one that the BMW driver didn't because he never saw the Porsche at all.
This happens every day on public roads around the world, and I myself have been in (and you probably have as well) situations where someone pulled out in front of me and I could have just plowed into them and collected the insurance knowing it was their fault, but I slowed and avoided an accident.
Put another way; the BMW driver didn't have the opportunity to avoid an accident that was imminent, but the Porsche driver did. It's this opportunity that puts the Porsche driver mostly at fault IMO. Yes, the BMW driver should have been more aware, but had he seen how fast the Porsche was coming up on him I'm sure he would have at least stayed right if not indicated right.