Just a note. Not as regards who should get a ticket, but if there was a lawsuit over the accident, many states have a doctrine making "the last clear chance to avoid an accident" either the standard for, or a defense against, liability.
That might be the answer Boomster's looking for. Yeah, she was wrong, legally, but some states place a duty on the driver to avoid accidents even when they are in the right, if they can safely do so.
Does that sound like the sort of thing you might be shooting for, Boomster?
Also, the "he was being a dick" could go to contributory negligence.
That might be the answer Boomster's looking for. Yeah, she was wrong, legally, but some states place a duty on the driver to avoid accidents even when they are in the right, if they can safely do so.
Does that sound like the sort of thing you might be shooting for, Boomster?
Also, the "he was being a dick" could go to contributory negligence.