TikTok lawyer, having 6.7 million followers on the app, has shared his legal analysis of a viral video that shows a DOT Truck caught in crosshairs between a pickup truck and a Jeep that was changing lanes.
The clip shows a Jeep trying to change lanes in front of a pickup truck. Nevertheless, the pickup truck speeds up and hits the trailer that the Jeep was towing. The impact causes the trailer to swing and hit a DOT truck that was on the other lane, damaging both vehicles.
Analyzing the Accident Video
Ugo Lord, a licensed attorney in the US, said that the Jeep driver was wrong for changing lanes unsafely. But, the pickup truck driver was also wrong for speeding up and hitting the trailer.
“This Jeep should have waited to change lanes because the pickup truck had the right of way,” he said.
“Ladies and gentlemen, if you replay this video, you slow it down. You’ll notice that this Jeep had nearly completed the lane change by the time the pickup truck sped up in order to clip the end of that trailer.”
He added that the pickup truck driver had the last clear chance to avoid the accident.
Lord then introduces the concept of the Last Clear Chance doctrine – a principle in tort law for cases involving negligence.
“Ladies and gentlemen, the last clear chance doctrine clearly shows that this pickup truck had the last clear chance to avoid the accident and did not take it. And, it makes the pickup truck mostly liable for all the damages that happen next,” he concluded.
Legal Analysis
The Last Clear Chance doctrine is a critical concept in understanding the legal implications of this situation. This doctrine is often seen as an exception or limitation to contributory negligence laws when both the plaintiff and defendant are responsible for an accident.
The doctrine considers the person who had the final opportunity to prevent the accident. If the negligent plaintiff proves the defendant had a chance, compensation may apply.
On the other hand, a defendant could utilize the doctrine to their advantage. It can be done by demonstrating that the plaintiff had the final opportunity to prevent the accident.
For the Last Clear Chance doctrine to apply, the plaintiff must prove several things:
- The plaintiff faced an immediate threat of injury.
- The defendant knew, or should have known, about this threat of injury and had the last, best opportunity to prevent harm from occurring.
- A reasonably prudent person would have acted to avoid the injury.
- The defendant failed to act, and this failure to take the last reasonable opportunity to stop the injury was the direct cause of the harm the plaintiff endured.
In the context of the video, the Jeep (the plaintiff) was changing lanes, which is a negligent behavior. However, the pickup truck (the defendant) had a clear view of the Jeep. Besides, it had an opportunity to safely stop the vehicle but didn’t do so, resulting in the accident.
According to the California Vehicle Code Section 22107, one mustn’t turn a vehicle from a direct course until he or she can move with a safe level. This law further emphasizes the responsibility of the pickup truck driver to ensure safety before speeding up.
Based on Lord’s reaction and the legal principles involved, it’s safe to conclude the pickup truck driver is mostly liable for the damages.
Public Attention
Lord’s reaction to the DOT Truck caught in crosshairs has amassed over 21,000 likes and 500 comments on YouTube. Viewers largely rally behind his legal analysis while expressing disdain for the drivers’ actions.
“If you see someone changing lanes in front of you, common sense tells you to slow down, not speed up.” one user wrote.
“I bet the truck driver expected a nice payday. Glad there were cameras!!” a commenter also expressed sympathy for the DOT truck driver.
Another user added his personal experience for this situation.
“I really like what you had to say and appreciate that because I’ve been driving over the road for 34 years. I have over 3 million miles and I teach my boys It doesn’t matter who has the right away always try to avoid an accident. It’s better to be safe than sorry. It was definitely my opinion that the Jeep should not have changed lanes but you’re correct to pick up truck had plenty of time to avoid an accident. Thank you 👍”
Bottom line
Eventually, Attorney Ugo Lord’s analysis of the DOT Truck caught in crosshairs provides a legal lens for viewers. So that, they can easily navigate the complexities of fault and responsibility on the road.
Beyond the TikTok drama, people should bear in mind the legal intricacies involved in traffic incidents and the importance of understanding one’s obligations on the road.