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New Member
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Jul 6, 2008, 09:52 AM
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Car accident : talking and driving ?
Hi everybody-
So this morning my mother was out doing errands when I called her. She was using a headset driving and I asked her how much the camera would be that someone stole from so I could pay her back. She said 150$ and I said okay. She then said well now your you have to use your whole paycheck to pay for the camera and the computer [ the computer was dropped by a friend out of my car and had about 200$ in damage. So, I said that is not fair I do not want to pay for that. My mom said no, so I finally agreed after arguing with her for about 3 minutes.
She hung up on me but I called back and said whatever but she hung up on me again.
About 5-10 minutes later she calls back saying she hit a car because she was all angry and mad at me because of the phone call.
She proceeded to say it was my fault that she got in the accident [she hit another car while parallel parking... not too much damage done]
Is this accident my fault?
Help is greatly appreciated!
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Ultra Member
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Jul 6, 2008, 10:20 AM
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 Originally Posted by vivaalaburns
Hi everybody-...She proceeded to say it was my fault that she got in the accident [she hit another car while parallel parking...not too much damage done]
Is this accident my fault?
Help is greatly appreciated!
She is entitled to her opinion, but she is responsible for maintaining control of her car, unless she is in LA (i.e. Simpson country).
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Jobs & Parenting Expert
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Jul 6, 2008, 10:38 AM
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She chose to be angry. Even before that, she chose to use a cell phone in her vehicle. Study upon study has said that cell phone use while driving causes accidents. I put all the blame on her. (She sounds like my little brother who would get into trouble years ago and would tell our mom, "It's not my fault! Wondergirl made me do it!)
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Uber Member
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Jul 6, 2008, 11:36 AM
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 Originally Posted by vivaalaburns
Hi everybody-
So this morning my mother was out doing errands when I called her. She was using a headset driving and I asked her how much the camera would be that someone stole from so I could pay her back. She said 150$ and i said okay. She then said well now your you have to use your whole paycheck to pay for the camera and the computer [ the computer was dropped by a friend out of my car and had about 200$ in damage. So, I said that is not fair I do not want to pay for that. My mom said no, so I finally agreed after arguing with her for about 3 minutes.
She hung up on me but I called back and said whatever but she hung up on me again.
About 5-10 minutes later she calls back saying she hit a car because she was all angry and mad at me because of the phone call.
She proceeded to say it was my fault that she got in the accident [she hit another car while parallel parking...not too much damage done]
Is this accident my fault?
Help is greatly appreciated!
I think this is more a relationship question than a legal question but, legally speaking, of course not.
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Jobs & Parenting Expert
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Jul 6, 2008, 12:21 PM
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 Originally Posted by vivaalaburns
I finally agreed after arguing with her for about 3 minutes.
Why argue with someone who's driving while talking on a cell phone?
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Ultra Member
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Jul 6, 2008, 12:38 PM
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Legally it's not your fault because she made the choice to talk and drive. Not to mention the fact that the accident happened AFTER you were done talking to her. If we use her logic, then no one would ever have to accept responsibility for their own carelessness.
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Expert
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Jul 6, 2008, 12:47 PM
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Legally, no it is not your fault. But from a moral issue, you should have never been arguing. If your friend does things like droping a computer and losing a cell phone. ** droping out of a car, that has to be a long story.
You should have said you were sorry for being so careless and be happy to pay for the damage.
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Uber Member
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Jul 6, 2008, 01:06 PM
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 Originally Posted by nikosmom
Legally it's not your fault because she made the choice to talk and drive. Not to mention the fact that the accident happened AFTER you were done talking to her. If we use her logic, then no one would ever have to accept responsibility for their own carelessness.
No matter what - it's the fault of the person in the car, talking on the cell, not the person on the other end, removed from the car.
If the accident HAD occurred when they were on the phone, the driver is at fault, not the person on the other end of the phone.
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