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-   -   Am I relly at fault? (https://www.askmehelpdesk.com/showthread.php?t=168852)

  • Jan 4, 2008, 06:57 PM
    Wondergirl
    Did the other driver have any comments after the accident?
  • Jan 4, 2008, 06:58 PM
    shygrneyzs
    Sad, this is very sad because it was totally avoidable. Now I am not being insensitive to you, but being honest. I stood outside with my son's dog and watched in horror when another person's unleashed dog charged at Rosie and took her by her head and ripped her right ear off, tearing her throat. She later died. I am going to ask you, what exactly did your wife expect you to do in this incident? By the time you got home, this was all done. It would have been done even if you had not gotten into the accident. I am not blaming your wife for this, but what were the expectations for you? Even you had been home when this happened - do you realize what danger this could have placed for you, if you tried to intervene and gotten bit yourself? I know this from experience with my first dog.

    I am sure your wife was extremely upset and distraught. There is no way that this is a situation that anyone wants or can say how they will handle it - because it happens all too fast and furious.

    A little thought to this would have saved you a great deal, but you know that now. I do not know what is going to happen to you in court. Hopefully there are no injuries.
  • Jan 4, 2008, 06:59 PM
    leezconfused
    Quote:

    Originally Posted by Wondergirl
    I meant the amount of damage tells about your speed at the time of the collision. So there was no police estimate of damage?

    None of that. The scene investigator estimated my speed between 45 and 60 but nothing was written. I'm not sure if that's because of lack of evidence or what.. the only evidence they have is me stopping at a red light and proceeding while accelerating quickly. Nothing from the actual scene or area of the accident
  • Jan 4, 2008, 07:01 PM
    Wondergirl
    1. Is there a police report?
    2. What were the damages to her car?
    3. Did she comment at the scene?
    4. What were the damages to your car?
    5. Have the insurance companies been contacted?
    6. Are claims adjustors working on this too?
  • Jan 4, 2008, 07:03 PM
    leezconfused
    Quote:

    Originally Posted by Wondergirl
    Did the other driver have any comments after the accident?

    When my airbags deployed I couldn't see, so my car went into the bushes off the other side of the road. There were no skid marks, which is strange I know I tried to break during the collision, but not before. I thought I could avoid her. But when I could get out of my car I raced to the other car to check on the driver, she said she was OK, but shaken a bit. She did go to the hospital.
  • Jan 4, 2008, 07:06 PM
    Wondergirl
    Quote:

    Originally Posted by leezconfused
    she did go to the hospital.

    Uh oh.

    Do you know what happened to her there? And after?
  • Jan 4, 2008, 07:06 PM
    leezconfused
    Quote:

    Originally Posted by Wondergirl
    1. Is there a police report?
    2. What were the damages to her car?
    3. Did she comment at the scene?
    4. What were the damages to your car?
    5. Have the insurance companies been contacted?
    6. Are claims adjustors working on this too?

    1. all I was given was the accident report.
    2. front end was badly damaged. Not drivable.
    3. she said she was OK to me, that's all I know.
    4. side damage and side front damage. Totaled
    5. yes, both
    6. my company is investigating the scene, not sure what hers is doing
  • Jan 4, 2008, 07:08 PM
    leezconfused
    Quote:

    Originally Posted by Wondergirl
    Uh oh.

    Do you know what happened to her there? and after?

    From what I understood she was just going as a precaution.. but she was OK.. I have no number to contact her and ask now, nor do I know if I should.. I mean morally it is right, but legally... I don't know
  • Jan 4, 2008, 07:12 PM
    Wondergirl
    Quote:

    Originally Posted by leezconfused
    from what i understood she was just going as a precaution.. but she was ok.. i have no number to contact her and ask now, nor do i know if i should.. i mean morally it is right, but legally.... i dont know

    Ask your claims adjustor about her. You shouldn't contact her yourself.

    Usually people think about this after the fact, hear stories from relatives and friends, and may really end up with medical problems such as whiplash or knee problems that they attribute to the accident. Don't be surprised if this happens. Two cars totaled and one nondrivable is a pretty nasty accident.
  • Jan 4, 2008, 07:14 PM
    shygrneyzs
    It is a normal procedure after an accident, to be checked out in the ER. So that is not saying anything was wrong, it was a precaution. The police would be there to take a statement and ask questions. Standard stuff.
  • Jan 4, 2008, 07:17 PM
    leezconfused
    Quote:

    Originally Posted by Wondergirl
    Ask your claims adjustor about her. You shouldn't contact her yourself.

    Usually people think about this after the fact, hear stories from relatives and friends, and may really end up with medical problems such as whiplash or knee problems that they attribute to the accident. Don't be surprised if this happens. Two cars totaled and one nondrivable is a pretty nasty accident.

    I know, only one car was totaled though, my bmw.. only because my frame was bent.. I could tell her suzuki has a lot of front end damage. But can be fixed.. her car barely moved from the accident maybe 2 foot.. my car sustained the majority of the damage from trying to avoid her.. but worst case scenario I pay a ticket get a bit higher rates on insurance. The real most important thing is that no one was seriously injured at the time. I just hope I don't have to take full responsibility for an accident that could have been avoided by both parties
  • Jan 4, 2008, 07:21 PM
    leezconfused
    Quote:

    Originally Posted by shygrneyzs
    It is a normal procedure after an accident, to be checked out in the ER. So that is not saying anything was wrong, it was a precaution. The police would be there to take a statement and ask questions. Standard stuff.

    Yes all that happened.. if I recall she had already gone with the ambulance when the trooper handling the investigation arrived though.. I refused medical treatment at the time. I'm sore I and I'm young.. so I'm sure she is too.. I actually glad she decided to go to the hospital just to be checked out.
  • Jan 30, 2008, 02:29 PM
    JudyKayTee
    Quote:

    Originally Posted by leezconfused
    agin the light had nothing to do with the accident. there was no driving like a "maniac'' i was driving a bit faster, but i was using caution. i never expected her to plow into my car.. i didnt hit anyone, they hit my car broadside. my home is less than 2 miles from where my wife called me and less than a mile from the accident. i am not asking for personal oppinion on if i should have been speeding, but if legally i am at fault for her not yielding to my right of way even if i were going a maximum of 15mph over the speed limit. but no police evidence of speed is notated or proven


    The argument is going to be if you were, in fact, using caution, you would have avoided the accident. I would "assume" the Officer is claiming you were driving, in general, in a reckless manner evidenced by the flashing lights and speeding.

    (I don't think 15 miles over the limit is a "bit faster." Where I am they give BIG tickets for that!)

    I have dogs and on another subject - your wife couldn't break up the fight? Or they were fighting in the first place? With each other?
  • Jan 30, 2008, 02:33 PM
    JudyKayTee
    Quote:

    Originally Posted by leezconfused
    i agree to some fault in the accident.. but as of right now i am charged 100% at fault. my question to begin with am I at fault? i have never been in an accident before and definatly not of this magnitude.. im only looking for credible answers.. for both sides mine and the other drivers.. would the accident have happened if i were not speeding? NO. would the accident have happened if the other driver yielded to oncoming traffic? NO. i just wonder which party is going to be majority at fault in court.


    You've never been in an accident before... and the accident you've never been in was not of this magnitude?

    No, the accident would not have happened if you had not been speeding because you would have seen it shaping up and avoided it.

    And I'm an accident investigator so I'm about as credible (in my own mind) as you get.

    When you say which party is going to be the majority at fault - I thought you were talking tickets here, not damage. The Court doesn't care who is at what percentage of the fault if it's traffic court.
  • Feb 6, 2008, 08:20 PM
    twinkiedooter
    The other driver probably did not see you when she entered the intersection as you were going too fast. It only takes a second to have a driver's attention to not see you coming. She could have been looking the other way as you approached and didn't double check the road before entering it. I look both ways several times before I enter an intersection like that. Apparently she was not in the habit of doing this and only looked both ways once.

    I almost got into a horrible accident had I not looked both ways twice due to my prior habit of only looking both ways once. I would have been totalled by a semi on the driver's side as this guy blew through a dead red light going at least 55 on a city street and I had the green and had not proceeded through the intersection yet. Phew! I look both ways so many times now it's not funny anymore.

    Sorry about your pet bird. Sometimes you don't think in a scenerio like yours but I feel that you probably will need the help of your attorney on this one. And don't say peep about the red light in court either as it is highly irrelevant to the accident.

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