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which received a traffic citation, or whether a claim was paid has no bearing on preventability. If there was anything our <br /> driver could have done to avoid the collision,then the accident was preventable. <br /> An accident was non preventable when the vehicle was legally and properly parked, or when properly stopped because of a <br /> highway patrol officer, a signal, stop sign, or traffic condition. When judging accident preventability, here are some general <br /> questions to consider: <br /> 1. Does the investigation indicate that the driver considers the rights of others, or is there evidence of poor driving habits <br /> that need to be changed? <br /> 2. Does the investigation indicate driver awareness? Such phrases as "I did not see," "I didn't think," "I didn't expect," or"I <br /> thought" are signals indicating there probably was a lack of awareness, and the accident was preventable. An aware <br /> driver should think,expect,and see hazardous situations in time to avoid collisions. <br /> 3. Was the driver under any physical stresses that could have been contributory? Did the accident happen near the end of <br /> a long day or long drive? Did overeating contribute to fatigue? Did the driver get prior sufficient sleep? Is the driver's <br /> vision faulty? Was the driver feeling ill? <br /> 4. Was the vehicle defective without the driver's knowledge? Was a pre-trip inspection done, and would it have <br /> discovered the defect? A car that pulls to the left or right when the driver applies the brakes, faulty windshield wipers, <br /> and similar items are excuses, and a driver using them is trying to evade responsibility. Sudden brake failure, loss of <br /> steering, or a blowout might be defects beyond the driver's ability to predict. However, pre-trip inspections and <br /> regularly scheduled maintenance should prevent most of these problems. If either of these are the cause of the <br /> accident,then the accident was probably preventable by the driver. <br /> 5. Could the driver have exercised better judgment by taking an alternate route through less congested areas to reduce the <br /> hazardous situations encountered? <br /> 6. Could the driver have done anything to avoid the accident? <br /> 7. Was the driver's speed safe for conditions? <br /> 8. Did the driver obey all traffic signals? <br /> 9. Was the driver's vehicle under control? <br /> Intersection Collisions <br /> Failure of our driver to yield the right-of-way, regardless of who has the right of way, as indicated by stop signs or lights, is <br /> preventable. The only exception to this is when the driver is properly proceeding through an intersection protected by lights <br /> or stop signs and the driver's vehicle is struck in the extreme rear side of the vehicle. Regardless of stop signs, stoplights, or <br /> right-of-way, a defensive driver recognizes that the right-of-way belongs to anyone who assumes it and should yield <br /> accordingly. <br /> Questions to consider: <br /> 1. Did the driver approach the intersection at a speed safe for conditions? <br /> 2. Was the driver prepared to stop before entering the intersection? <br /> 3. At a blind corner,did the driver pull out slowly, ready to apply the brakes? <br /> 4. Did the driver look both ways before proceeding through the intersection? <br /> 53 <br />