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Usher

Veteran X
Does anyone know if there is anytype of Federal Transportation Code in addition to your state's transportation code? I'm trying to find the law that specifically states right of way when merging with an on ramp and cant find it in my state's transportation code anywhere.
 
I dont know much about it. I'm interested in seeing the provision myself. All I seem to be able to find is "An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway."

But if im not mistaken, the term feeder or access lane is applying to the access road you leave the highway and enter, which really has nothing to do with this accident. Unless they can call the merge point between an on ramp and through traffic as an "intersection"
 
Alright, at least I know I'm looking in the only possible place.


"(a) In this subtitle, "intersection" means the common area at the junction of two highways, other than the junction of an alley and a highway.



(b) The dimensions of an intersection include only the common are



(1) within the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or



(2) at the place where vehicles could collide if traveling on roadways of intersecting highways that join at any angle other than an approximate right angle.



(c) Each junction of each roadway of a highway that includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection."

Do you think this would apply to the point where an on ramp merges with a highway? It seems to be the only thing I can think of.
 
I was hit in the rear left fender on my vehicle a few weeks back in slow merging traffic. The dumbass didnt see me or forgot I was there, when I pulled off he kept going and wouldnt pull over

I saw his bumper was damaged on the front right courner so i file a report contact insurence, then the agent i got is some 19 year old guy, who proceeded to call and tell the other guy he was going to check his car out, and if there was only damage on teh side, my insurence would take liability. So guess what? I get a call "oh, i looked at his car and there was only damage on the tire, youre fucked"

I brought up the fact that he could have had anything repaired, gotten into another wreck etc, since he never filed a report. I'm convinced my agent is just lazy and would rather let progressive pay becasue its easier for him.
 
Well, since you were in the act of merging you are fucked either way because of two things:

Damage on other persons side = you merged into him not yeilding right of way.

Damage on other persons front only (if said damage occured in the act of merging) = you did not yeild right of way because you started to occupy his vehicles space not taking into effect his speed.

There are exceptions (gross negligence if they were speeding, ect). Because you don't have a witness or better yet, a police report you are fucked because 99% of the time it would be your fault and that is what the insurance company is going to go with.

ALWAYS get a police report if you have any QUESTION to who is at fault. Try not to call the cops if you know you are at fault becuase they will come and ticket your ass when they give you the report.

Did he eventually pull over? If not, you have a hit and run in which case you might be able to swing the verdict.
 
traffic law has always been a states right issue, unless it occured on federal property (ie a military base)
 
Haunt said:
incorrect.

Well call me a donkey's nut sack because I could swear on federal land in the state of MD where I work as a cop I write MD State traffic violations.

It depends on jurisdiction of the federal land but from what Ushers post states he was inquiring about federal traffic laws taking effect on state land. If it is state owned then it's state jursdiction and not federal. In which case, federal traffic laws mean nothing.
 
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-]P[-Veor said:
traffic law has always been a states right issue, unless it occured on federal property (ie a military base)

I am a military cop and unless you are a military member on our federally owned installation you are getting a STATE traffic ticket.

Jurisdiction changes from base to base though.
 
Trendz, I did file a police report, with a witness too.

He wouldnt stop so we went back after exiting and got an officer there for a report.
 
Usher said:
Trendz, I did file a police report, with a witness too.

What does the police report say? Your insurance company should use that to determine fault. With an police report they probably wont bother talking to a witness.

Does the insurance company have the police report?

If they do and are still peggin you with fault then:
1. In the police report it says you were in the wrong.
2. In the police report it is doesn't indicate who was at fault which would still mean his insurance company isn't going to cover your damage.
3. The 19 yr old insurance adjuster needs his ass beat for being an idiot. In which case, ask to speak to a supervisor and explain why you feel you are not at fault (refer to the police report that says you were not at fault).
 
Trendz said:
I am a military cop and unless you are a military member on our federally owned installation you are getting a STATE traffic ticket.

Jurisdiction changes from base to base though.


I stand corrected.
 
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