T Nation

Who's at Fault?

Well, I wasn’t sure if I wanted to post this or not, but I may as well. I was in a car accident today. There were BAD storms here today. Driving home after they cleared up a bit, I ran through a massive puddle, and my engine stalled out. Cars just passed me on either side while I waited for my parents to show up. I left my car/lights on but not my emergancy lights. About 15 minutes later I get hit from behind. I’m totally fine. I jump out of my car and the woman who hit me is nearly crying and screaming how sorry she is, and how she didn’t see me, how her brakes didn’t work fast enough etc.

Never mind you I’ve been sitting here on a straight road with dozens of cars passing me for quite a while already. I calmed her down a bit checked out her lip which was bleeding, and got her a tissue from my car. I asked her if her kids where alright, becuase she seemed to have forgot about them. I said a few things to them about how it was going to be ok, and that no one got hurt, everything is fine. Just trying to be nice in general, knowing I may as well because my dad is going to kill me when he sees this.

Anyways: Am I going to be at fauly or is she. I obviously had no way of avoiding the collision. She clearly wasn’t watching the road and while she seemed nice I don’t see how this would of happened unless she was going 40+ on slippery road or simply wasn’t paying attention. I’m out of a car for a while, have to walk to work, and am reliant on my parents again. I’m hoping at least it isn’t my fault in the courts. My back end was destroyed.

I heard that if you get hit from behind it can’t be your fault, referencing a story about how a guy slid down a hill when he let go of the break and hit a guys car, and the court said the guy was too closely behind him and the guy who slid back won. I’m kind of rambling becuase my first fucking car is wrecked and it’s because someone ran into me while I was parked…

Her fault. But you handled it very well I must say.

Kudos to you good sir!

Zep, she hit you from behind. You are the victim and she was at fault.

That was really good of you to ask about her and her children. I am so happy to hear you didn’t go off and yell. I love that.

Your being stalled was no different than if you had slowed your car for a person in the street or some other obstruction. Especially if this was on a straight-a-way.

I am so impressed with how you handled that. So nice to hear.

[quote]zephead4747 wrote:
Cars just passed me on either side while I waited for my parents to show up.

I left my car/lights on but not my emergancy lights.

it’s because someone ran into me while I was parked…

Am I going to be at fauly or is she.[/quote]

So you’re stuck in the middle of the damn road and you don’t turn on your emergency flashers? Who gives a crap who’s fault it is. You’re lucky you didn’t get someone killed. I remember back in the day when guys would actually push their cars to the side. That’s all a memory now in addition to when guys actually changed their own flat tires.

[quote]OctoberGirl wrote:

Zep, she hit you from behind. You are the victim and she was at fault.

That was really good of you to ask about her and her children. I am so happy to hear you didn’t go off and yell. I love that.

Your being stalled was no different than if you had slowed your car for a person in the street or some other obstruction. Especially if this was on a straight-a-way.

I am so impressed with how you handled that. So nice to hear.

[/quote]

Thanks, I was mostly worried about the kids because one them was like a newborn in a carrier sort of deal, not strapped in at all, just set down in a carrier on the seat. I’m normally really hot headed, I just don’t like escalading a bad situation.

[quote]Shadow Hunter36 wrote:
zephead4747 wrote:
Cars just passed me on either side while I waited for my parents to show up.

I left my car/lights on but not my emergancy lights.

it’s because someone ran into me while I was parked…

Am I going to be at fauly or is she.

So you’re stuck in the middle of the damn road and you don’t turn on your emergency flashers? Who gives a crap who’s fault it is. You’re lucky you didn’t get someone killed. I remember back in the day when guys would actually push their cars to the side. That’s all a memory now in addition to when guys actually changed their own flat tires.

[/quote]

New car, I had no idea where they were. There was no one around me when I stalled. I tried pushing my car, I had no one behind the wheel to get it too the side. I understand what you’re saying, but on a 25 mph straight road you should be able to see a car stalled out dozens of yards before you have to pass it.

edit: I realize it’s partly my fault. And I should of already had a game plan for this sort of situation. All I can do now is learn from my mistake, be glad no one was seriously hurt, and know what to do next time, which there hopefully won’t be one.

Fair enough, Zep. I’m not trying to sound harsh or anything. But I’ve been to many accident scenes and can’t count how many dead people I’ve encountered. What bothers me most is probably that you sat in the car for 15 min before she slammed you. Screw the car, get out and stand somewhere safe if it ever happens again. Everything can be replaced; except human lives. Anyway, you know what I mean. Peace…

Im glad you handled it the way you did. This is not the same sort of behavior I would have expected from you given the same situation 6 months ago. Kudos.

[quote]Shadow Hunter36 wrote:
Fair enough, Zep. I’m not trying to sound harsh or anything. But I’ve been to many accident scenes and can’t count how many dead people I’ve encountered. What bothers me most is probably that you sat in the car for 15 min before she slammed you. Screw the car, get out and stand somewhere safe if it ever happens again. Everything can be replaced; except human lives. Anyway, you know what I mean. Peace…[/quote]

Thanks, I totally get what you mean. I was in teh car because I kept trying different stuff trying to get my engine to turn over so I could get the fuck out of there. But in retrospect I still should of had a plan.

[quote]Stronghold wrote:
Im glad you handled it the way you did. This is not the same sort of behavior I would have expected from you given the same situation 6 months ago. Kudos.[/quote]

yeah no shit.

If your car starts acting weird its best to hit your emergency lights and try to get it out of the way. That should be your basic plan. But if its dangerous to move the car, then don’t move it; I figure you will do fine left to your own common sense.

Ensure your own safety. Then the survival of others. Though I try to do both at the same time within reason.

You did fine.

Oh and in the future it might be wise to have 2 emergency flares and a flashlight. Something like a kit in case shit hits the fan. You can pop those flares and toss them back behind your car in 25 feet increments so you give advanced warning.

It is one of those things that you’ll forget about and only remember if something comes up.

It was clearly her fault, but if Wisconsin is a “no-fault” insurance state like Connecticut, be prepared for your insurance premiums to increase.

Like others said you handled it well. Too many people who get in an accident immediately go on auto-pilot thinking “whos falt is this and how much money do I get?” when it should really be “is anyone hurt? who needs help?”

Yeah definitly not your fault. You handled the situation very well. But yeah next time get the hell out of the car and have the emergency flashers on. Not that I think its a legal requirement but considering it was bad weather it sounds like it would of helped with decreased visibility. But I know you already know that, and I can see how its an easy thing to forget.

[quote]kinein wrote:
If your car starts acting weird its best to hit your emergency lights and try to get it out of the way. That should be your basic plan. But if its dangerous to move the car, then don’t move it; I figure you will do fine left to your own common sense.

Ensure your own safety. Then the survival of others. Though I try to do both at the same time within reason.

You did fine.

Oh and in the future it might be wise to have 2 emergency flares and a flashlight. Something like a kit in case shit hits the fan. You can pop those flares and toss them back behind your car in 25 feet increments so you give advanced warning.

It is one of those things that you’ll forget about and only remember if something comes up.[/quote]

Good advice.

Always leave your emergency lights on when pulled over, plenty of idiots on the road.

George Bush and Big Oil.

[quote]Yo Momma wrote:
It was clearly her fault, but if Wisconsin is a “no-fault” insurance state like Connecticut, be prepared for your insurance premiums to increase.[/quote]

Currently only 12 states have no-fault law. Wisconsin is not one of them.

Only thing left is to find out how much my eagle vision was worth. Depending on trim bluebook says 4-5 grand. It only had 55000 miles. Everything was perfect abnut it.

Did you get a police report? If you don’t have that or legit witnesses each party usually just has to pay for their own shit. “Well your honor she hit me but I have no evidence…”

[quote]GhorigTheBeefy wrote:
Did you get a police report? If you don’t have that or legit witnesses each party usually just has to pay for their own shit. “Well your honor she hit me but I have no evidence…”

[/quote]

she admited that she hit me to the cop. Insurance is giving whatever they deem the value of the car was prior to the accident is what my dad said.