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#718903 08/12/03 07:51 PM
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last saturday, i was on the way to wal-mart to return a battery for my car that i didn't need b/c apparently the terminals on my old battery just needed to be cleaned. the traffic light at one intersection was messed up b/c of the thunderstorm, so i had just a blinking red light when i needed to make a left turn. i pulled up to see if anybody was coming, and it was clear as far down the road as i could see, which was plenty far enough, so i went. about halfway through the intersection i see this blazer coming straight at me down the street to my left, speeding from what i could tell, and not slowing down at all for the intersection. apparently she didn't see me at all, b/c she didn't even try to avoid hitting me. i floored the gas pedal and tried to get out of her way, otherwise she would have hit me right on the driver-side corner of my car, and that would have hurt. so, instead she hit me in the rear-driver-side corner, smashing in the whole fender and bending the suspension and everything else under that wheel. my car spun about 270 degrees, so i was facing the direction she had been going when she hit me. her blazer skidded all the way to the other side of the intersection before it stopped. unfortunately, the officer who wrote up the report estimated her speed at 35 mph, which is ridiculous (i think she was going at least 50). so, it looks like they'll pin all the blame on me for supposedly pulling out in front of her, since i was making a left turn, when in reality i couldn't have seen her coming that fast and i couldn't have got out of her way. needless to say, i'm pretty bummed, and the most painful part is probably going to be my insurance rates after they are "adjusted." i'm just glad my car can be fixed, although it's costing a lot more than i thought it would when i bought it.



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#718904 08/12/03 07:56 PM
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Did she have a flashing red or yellow?

-Andy


Andy W. The problem with America is stupidity. I'm not saying there should be a capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?
#718905 08/12/03 07:57 PM
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Oh man That stinks! Glad you're ok.


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#718906 08/12/03 08:01 PM
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Originally posted by Andy W.:
Did she have a flashing red or yellow?

-Andy





she had a flashing yellow on her side of the intersection, which is why she didn't stop. but she was still obligated to slow down, which she failed to do. i told the officer that, but she didn't make a note of it on the accident report. we'll see what happens when i have to talk to the insurance company.


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#718907 08/12/03 08:13 PM
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It's going to be your fault, hate to say it She should have slowed or been looking, but it all boils down to she had the right of way.


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#718908 08/12/03 08:20 PM
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but, in some states if someone t-bones a car that far back, it is sometimes determined that they had plenty of time to swerve or slow down and thus it will be their fault.



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#718909 08/12/03 09:10 PM
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i feel for ya .....was she on the phone by any chance...figures....she speeds and causes the accident and u get the sh$t from it...


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#718910 08/12/03 09:18 PM
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Well, first, I'm glad you are okay. But, I know it sucks. I had a similar thing happen to me in my SuperCoupe, except it was totalled, and so was the other guy's car(96 Grand Prix, which my [censored] insurance gave him $11,000 for, and dropped me!). Although he was going 50 in a school zone, I "failed to yield the right of way", so my fault. Same thing with you, speed doesn't matter, she has the right to the road since she was going straight. But, your okay, and your car will be too. It's very okay to be mad, but be thankful also.......

#718911 08/12/03 09:44 PM
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Originally posted by ElKy:
but, in some states if someone t-bones a car that far back, it is sometimes determined that they had plenty of time to swerve or slow down and thus it will be their fault.






Correct... failure to avoid an accident is just as much at fault, especially at the reported "slow" speed of 35 MPH. I would fight the officer's fault findings with everything I had and counter sue the officers involved and the other driver for any of your costs to protect yourself in court (lost wages, court fees, lawyer costs, etc.).

What was her posted speed limit?


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#718912 08/12/03 09:55 PM
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Yes, but it is up to the officer....If he deems she couldn't avoid it, and didn't give her a ticker, nothing can be done.

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