Big Brother getting Bigger... again...

[NickCats]

Can I just say that I LOVE this forum !

My fiancé asked me last night "how can you go on there every day and just read / talk about Porsche stuff" ?

This is the stuff that makes this forum great...

You guys rock !

Nick

[Grizzly]

Originally Posted by 1JB

I believe your analysis of the "Boulevard Rule" may be incorrect. The rule simply states that: "a driver approaching an intersection from an unfavored road must yield the right-of-way to drivers on the "through highway" already in or approaching the intersection." If the driver does not stop and look before entering then they are contributoryily negligent under the boulevard rule and cannot recover. If the driver does stop and look and there is still an accident then it becomes a question for the jury as to whether the non-favored driver was contributoryily negligent because of poor judgement. Whether the judgement of the non-favored driver was poor will also allow the jury to evaluate the behavior of the favored driver. If the favored driver was negligent then the non-favored driver can recover. In short, if you stop at the intersection of a highway, and look both ways and judge it to be safe to enter or cross or see no cars or judge it to be safe to enter as you enter a highway from an on ramp and the favored driver is exceeding the speed limit then the jury can find the favored driver negligent. Anyone who thinks they can barrel down, while speeding on drivers as they enter an on ramp and face no liability for an ensuing accident is sorely mistaken.

To quote from one case: "From the host of cases this Court has reviewed in the last century, we encapsulate the following rule: the mere occurrence of an accident in a protected intersection will not of itself establish negligence against the unfavored driver. Whether one looked and failed to see a vehicle within the zone of danger is a jury question, except in those rare instances when the evidence is so definite that reasonable minds could not differ. Before a court may declare contributory negligence more than slight as a matter of law, the location of the oncoming vehicle must have been in an obviously favored position within the radius of danger; otherwise, the question is one for the jury."

Nothing I read regarding the Boulevard Rule says anything about the favored vehicle being in or approaching the intersection. The rule simply states that the unfavored roadway yields to the favored roadway. Quoting from another case:

"The court discussed a variety of policy reasons for the boulevard rule and, among other things, emphasized the duty of unfavored drivers: “the duty of an unfavored driver to stop and yield the right-of-way is mandatory, positive and inflexible.” "

"Additionally, in Maryland “excessive or unlawful speed on the part of the favored driver 'will ordinarily not be considered a contributing factor' in a Boulevard case.” Thompson v. Terry, 226 A.2d 540, 544 (1967), citing Sun Cab Co. v. Faulkner, 163 Md. 477, 163 A. 194 (1932). In order to support an action for damages, the injured party must demonstrate that the driver’s excessive rate of speed was a proximate cause of the accident. This is a high burden placed on the unfavored driver because they must show that the accident occurred solely based on the deviation of care by the favored driver RATHER THAN their failure to yield as required by law. "

That's a very high burden of proof for the unfavored driver. The unfavored driver must prove that the excessive speed was the proximate cause of the accident; difficult to achieve, being that had the unfavored driver not entered the roadway he would not have been struck, regardless of the speed of the favored driver. My money is on the favored driver.

Why in God's name would I care to argue about the Boulevard rule? I'm 21 years old (this was a long time ago). I'm driving my newly restored '65 Mustang convertible to the last show of the season. It's 6:00am. I stop at a stop sign, and look both ways. A Polish immigrant is travelling on the favored roadway to my right in a Ford F-150. He is travelling in the opposite direction that I want to go (I will be turning in the direction he is coming from). He is returning from a night of drinking. He is hammered. As I pull into the roadway, turning right, he crosses the center-line, strikes me in the left front grille and fender, spins me around and pushes me through a fence and into a cornfield. The Mustang is a total loss. I am at fault. Friggin' Boulevard rule. He had the right of way. Period.

[denverpete]

Ahhhh. Good stuff. I love these conversations. This is a semi-relevant post:

So anyway, a few weeks ago I'm trying to buy something online using my credit card. Turns out that I entered the wrong expiration date and the whole thing was denied. I contacted the credit card company to try and get it approved only to have to go through some "verification".

Here's what I had to do:
Mother's Maiden Name
Social Security Number
Home Phone Number
Address for when I lived in Indiana (10 years ago)
Address for around 8 places in Colorado
Approximate age of Stacey Ferguson (30-37,38-42,43-47).....

Whoa!
"Did you say Stacey Ferguson", I asked the account rep.

"You do know her don't you?" replied the rep.

"Oh yeah, I know HIM" I countered

"Well can you pick the age?"

"Should be 38-42. But how do YOU know about Stacey Ferguson?" I demanded.

"Well, the computer pulls up information from various sources that only you should know," responded the rep.

"Well, does the computer show that Stacey Ferguson was my sister's boyfriend in High School and I haven't seen or heard of him in 20 years. How in the world is my sister's boyfriend from 20 years ago attached to me?"

God only knows what kind of information my insurance company has. And God only knows what kind of info they're all going to be able to put together in the coming years....

Seriously - kinda freaked me out....

Originally Posted by denverpete

"Well, does the computer show that Stacey Ferguson was my sister's boyfriend in High School and I haven't seen or heard of him in 20 years. How in the world is my sister's boyfriend from 20 years ago attached to me?

The problem I see, it that no man should be named Stacey!

[denverpete]

Originally Posted by bmussatti

The problem I see, it that no man should be named Stacey!

EXACTLY! That's what I meant to say. See, that's why this is such a great forum - the ability to get down to what's really important!

Originally Posted by denverpete

EXACTLY! That's what I meant to say. See, that's why this is such a great forum - the ability to get down to what's really important!

That's why your sister dumped him! Smart lady! She must own a Porsche too!

[jeff]

Suppose I loan my 2010 GT (I can dream can't I?) to my brother who is recorded doing 200 mph in a 20 miles per hour school zone in a snowstorm during school hours. Who gets the ticket? How will Big Brother Know?

Originally Posted by jeff

Suppose I loan my 2010 GT (I can dream can't I?) to my brother who is recorded doing 200 mph in a 20 miles per hour school zone in a snowstorm during school hours. Who gets the ticket? How will Big Brother Know?

Given your hypothetical, I say you will pay for your little brother's error, since you can afford a $679,000 car (I am adjusting for inflation! ) you can also afford the $1,000 speeding ticket! Everyone's happy. And you brother is never allowed your keys again.

PS- the last production year for the GT was 2005.

[BuffaloBoxster]

Those of you in the US who think this is a good idea should move to another country.

I don't want to "stir the pot" and invoke a bunch of emotions, but I would gladly give up some privacy to still see the World Trade Center standing in New York.

[JackG]

Originally Posted by bmussatti

I don't want to "stir the pot" and invoke a bunch of emotions, but I would gladly give up some privacy to still see the World Trade Center standing in New York.

Nice try, but in fact you went directly for "invoking a bunch of emotions" with that statement. Too bad it's a non sequitur.

The proposed black box in 2008 model cars have nothing to do with 9/11 or terrorism. You know that.

[BuffaloBoxster]

Far be it from me to trivialize one of the worst days in the history of our country byt

Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

Ben Franklin said it, not I...

There are plenty of other countries around the world who will happily take your freedom in exchange for security. Please leave the one founded on NOT doing that alone for those of us who like it the way it is/was.

[Grizzly]

Ah yes, Benjamin Franklin...a truly great American, and a Philadelphian to boot!

I suspect however, that if Mr. Franklin returned to the Country he co-founded today, an entirely new set of famous quotes may be attributed him.

Such classics as:

"HOLY ********************! WHAT THE F**K HAPPENED TO THIS PLACE? "

"THIS IS DEFINITELY NOT WHAT WE HAD IN MIND!"

and, of course

"HEY! LOOK ON TV! IS THAT CHICK NAKED!?!?!"

[MNBoxster]

Originally Posted by Grizzly

Ah yes, Benjamin Franklin...a truly great American, and a Philadelphian to boot!

I suspect however, that if Mr. Franklin returned to the Country he co-founded today, an entirely new set of famous quotes may be attributed him.

Such classics as:

"HOLY ********************! WHAT THE F**K HAPPENED TO THIS PLACE? "

"THIS IS DEFINITELY NOT WHAT WE HAD IN MIND!"

and, of course

"HEY! LOOK ON TV! IS THAT CHICK NAKED!?!?!"

Thomas Jefferson: "What's TV???"

Happy Motoring!... Jim'99