Accident in funeral procession. Director placed flag on every other car not victims. What is home's liability?

Question

What is the liabality of the funeral home for not putting a flag on the victom's car. Because of no flag, both cars in the accident were deemed at fault by the police.

Answer 1

As two others stated, the flags are merely a courtesy, not a free pass to drive unsafely.  How could it in any way be the fault of the funeral home that someone got into an accident?  The funeral home didn't tell them to drive poorly or to wreck, and it certainly isn't the funeral homes fault that the person had an accident.  The funeral home is in NO way liable or even remotely to blame.

Answer 2

Flying a flag on your car, or driving in a funeral procession DOES NOT relieve you of the responsibility to drive safely and obey traffic law.  If you get in an accident, it's your fault, not the funeral home's.

Answer 3

Funeral Car Flags offer a unique way to clearly define the mourners cars when forming part of a funeral cortege, thus allowing other road users to show respect by giving way at junctions etc so without the flag the funeral home in my opinion would be responsible.........................

Answer 4

Depends what state you are in. Different states have diffrent statues regarding funeral processions.

Here is the State of Louisinana's take on it!R.S. 32:300.3. Funeral processions. Funeral procession, is defined as two or more vehicles accompanying a deceased person or cremate human remains during daylight hours. All vehicles in the funeral procession shall utilize their headlights and emergency flashers. Except for an authorized emergency vehicle using its lights and siren, or when directed otherwise by a law enforcement officer, pedestrians and operators of all motor vehicles shall yield the right of way to each vehicle participating in a funeral procession. However the operator of a motor vehicle may pass afuneral procession which is traveling in the right lane of a divided highway, multiple lane highway, or interstate. If the procession has a police escort, when the lead vehicle in the funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow through the intersection notwithstanding any signals from traffic controls devises (i.e. lights or signs) A vehicle in participating in a funeral procession shall not leave the procession shall not leave the procession while it is traveling unless specifically permitted to do so by a law enforcement officer or by making a right turn out of the procession. No vehicle which leaves the funeral procession will be allowed to rejoin the procession. The operators of the vehicles in the funeral procession shall exercise due care to avoid colliding with any other vehicle or pedestrian on the roadway

As far as who's liable.  I guess the courts will decide that.

Answer 5

It depends on your state. I have always been told that the flags/signs are used as a courtesy only and that those in the procession must proceed with extreme caution-the home is not responsible. But, a lawyer will be able to tell you what the case is here.

I am sorry this happened. I was in a procession 2 weeks ago and the car in front of us was cut off three times and 3 or 4 other drivers cut in between the cars. Absolutely no regard at all. We even got honked at. Very sad. :(