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August 29, 2010
Being polite can be dangerous
I just had a rather unsettling experience while running (from which I just got back), and were I a superstitious person, I'd be convinced that I'd had a "premonition" beforehand. For no particular reason (other than the fact that the thought just popped into my head), just before the run I recalled a legal ("equitable estoppel") doctrine I learned about decades ago in California when I was doing personal injury work. It's the "lulled into a false sense of security" doctrine, stated this way in Carruth v. Fritch (1950) 36 Cal.2d 426, 433 [224 P.2d 702, 24 A.L.R.2d 1403].): "One cannot justly or equitably lull his adversary into a false sense of security, and thereby cause his adversary to subject his claim to the bar of the statute of limitations, and then be permitted to plead the very delay caused by his course of conduct as a defense to the action when brought."We used to use it as a way to overcome statutes of limitation, various dismissals, and all kinds of things. It's sort of a catchall, although it doesn't always work. Why this would pop into my head before my run, I do not know. Had it not been for an accident in which a car came so close to hitting me that I had to jump out of the way, I would have dismissed it as just a passing random memory. I suspect that what makes people think these passing thoughts are "premonitions" is when something happens latter which reminds them of the otherwise passing thought. Onto what later reminded me of my "false sense of security" "premonition." I was running on the sidewalk beside a major, heavily-trafficked through street, when a car leaving a driveway crossed the sidewalk directly in front of me. I made eye contact with the driver, who looked like a nice guy. Polite, even. So, while I could have run in front of his car (I generally prefer to run behind cars that are moving forward), without slowing down, I veered sharply to the right, where I could run behind him. No biggie, just being polite. And it seemed to me that he accelerated to get out of my way, as if acknowledging my politeness by hurrying out of the way. Normally, neither of these acts of mutual politeness would have been a big deal. Quickly forgettable. Except, no sooner did he accelerate into the street than there was that instant, high decibel BLAM! sound of a car crash, and at the same time, the poor guy's car (which had been struck very hard by a car coming from the left) was thrown in a huge 270 degree arc, sending it over the curb, then onto the sidewalk and the yard, until it was coming directly towards me! I had just heard the noise and was still in the process of stopping my run, and I had to jump out of the way or else I would have been hit. The next thing I noticed was smoke inside the now-stopped car that had been going straight. Both cars had serious front end damage, and the passenger door of the car in the street was opened by a man who was rubbing his jaw in pain. Both airbags had deployed, and the woman behind the wheel looked dazed and confused. I didn't have my cell phone, but I asked if everyone was all right. Then I saw that the driveway driver had pulled out his cell phone, and they didn't need me for anything, so I resumed my run. While I did nothing wrong, I felt a little guilty for not doing the impolite thing, and running in front of the guy's car. Had I done so, he might have thought I was a pushy jogger, but there would have been no accident. I didn't lull him into a false sense of security, of course, and in any event that doctrine does not apply to accidents. He was supposed to look before entering the street, although I think the other driver had to be going well above the speed limit to do that kind of damage. Even if I had waved him through (as if to give him the right of way -- which I didn't, nor would I, as I couldn't see cars traveling behind me), he could not rely on that. Still, I felt bad, because I was just being polite, and I hated to see people harmed -- even as an indirect result. posted by Eric on 08.29.10 at 05:05 PM
Comments
I was rear ended in a similar situation. Stopped in traffic waiting for a light. just behind me was an exit from a fast food place. The driver behind me had left a gap so the person exiting the fast food place had a space to get out. Thinking that they wanted to turn left and go the oppoite direction, the driver behind me waved to them to come on out. Which they did, waving thanks while cranking their wheel hard right and plowing directly into my rear bumper. RT · August 30, 2010 11:36 AM Heh, what that driver did sounds just like something I might do. Mildly awkward situation involving pedestrian > attempt to be nice > tunnel vision > accident. TallDave · August 30, 2010 12:07 PM Gringo, there were other pedestrians nearby who also saw it, and Michigan is a no fault state. While there is no legal obligation on the part of witnesses to report accidents, I would certainly have stayed there had they wanted me to, but they didn't care. Also, it occurred to me that if I told an officer exactly what I saw, it might tend to make the driver look negligent and make it worse for him. That's not something I would want to do, because I think the other car had to be going too fast, but I didn't see him coming as he was behind me. So saying nothing and letting the police figure it out struck me as the best way to help the driver. Eric Scheie · August 30, 2010 02:34 PM See? That was responsible Eric. You didn't pretend to know more than you did and so mess the whole thing up. And for that you can never be forgiven. Veeshir · September 1, 2010 04:20 PM Post a comment
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As a witness to the accident, IMHO you should have stayed until the police arrived. But I am not an attorney.