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Re: Wife wrecked the van [Re: grampi] #5074700
04/14/19 01:52 PM
04/14/19 01:52 PM
Joined: Feb 2013
Posts: 1,429
Prospect, KY
spk2000 Offline
spk2000  Offline

Joined: Feb 2013
Posts: 1,429
Prospect, KY
Everyone is glad there are no physical injuries. The mental part can take time though. Let us know how the court goes.


96 Grand Marquis 203,000 mi
01 Sable LS Wagon 163,000 mi
02 Montero 191,000 mi
03 Sable LS Sedan 73,000 mi
Re: Wife wrecked the van [Re: MrMoody] #5074717
04/14/19 02:24 PM
04/14/19 02:24 PM
Joined: Jun 2003
Posts: 34,560
ME
eljefino Offline
eljefino  Offline

Joined: Jun 2003
Posts: 34,560
ME
Originally Posted by MrMoody
Originally Posted by JTK
This is not a good situation for the rear-ender though. She's going to be 100% at fault regardless of the situation like said above.

This is not absolute if the front vehicle was breaking the law. As in the illegally parked truck related above.


Drivers have a duty to avoid accidents and to drive within their visibility and control.

What if someone comes around a corner and there's a confused blind pedestrian in the road? Or a boulder that fell off a cliff? Etc.

It's worth a try, but Mrs OP is going to have some, a majority, or probably all of the liability.

Re: Wife wrecked the van [Re: grampi] #5074734
04/14/19 02:38 PM
04/14/19 02:38 PM
Joined: Jul 2015
Posts: 4,754
New England
madRiver Offline
madRiver  Offline

Joined: Jul 2015
Posts: 4,754
New England
Glad she was not hurt.

Good it was a low speed road as the collision would have been much worst with your wife not paying full attention,. (happens).

Re: Wife wrecked the van [Re: gathermewool] #5074744
04/14/19 02:51 PM
04/14/19 02:51 PM
Joined: Feb 2014
Posts: 2,981
Canada
Lolvoguy Online shocked
Lolvoguy  Online Shocked

Joined: Feb 2014
Posts: 2,981
Canada
Originally Posted by gathermewool
I'm so glad that your wife is OK! That is the most important part!

I have a few things to say, and I honestly don't mean any disrespect toward her AT ALL!

1. She will be found 100% at fault. If this goes to court, it will be because she is required to go to court to defend herself against the ticket.

2. If the driver she hit decides to, she'll then be going to civil court for any injuries. Your insurance will provide a lawyer, but it may not hurt to obtain one of your own sooner, if you know or retain one for things like this.

You don't have ALL airbags deploy unless it's a pretty bad hit. Unless the person she hit wasn't in the vehicle (I'm not clear on this) or is a very good semeritan, you should expect a legit or illegit case against her in civil court (she'll be sued and you guys will almost certainly lose).

3. I don't know her age, but if she always pays attention and still hit another stationary car, then you may need to have the very, VERY hard conversation about whether she's OK to still have a license and drive.

4. I am NOT a lawer, but have been in an accident recently and know how badly things can go, even if you're not at fault...

Agreed.

There are many tell-tail signs we as drivers need to use when making decisions on the road.
Just because the driver of the stalled car didn't have their 4 ways/brakes on, doesn't make it ok to hit them. What if the stalled car had an electrical issue where the battery was dead thereby disabling the brake lights, and 4 ways from working? Your wife needs to use other indicators to determine if they are moving or stationary.

I'd honestly suggest a defensive driver training course. It'll teach her (or anyone who wants to be a better driver) how to evaluate and execute maneuvers that are safe yet well thought-out.
Sometimes they can appear a little aggressive, but hey, isn't that what the joy of driving is all about? drive
Many of these things I learnt in motorcycle training and have stuck with me. Keeping myself and those around me safe.

Hope everything turns out ok.


06 Lexus IS350- Wife
88 BMW 325is- Mistress
Say "no" to Turbo!
Re: Wife wrecked the van [Re: eljefino] #5074762
04/14/19 03:04 PM
04/14/19 03:04 PM
Joined: Sep 2018
Posts: 332
Raleigh NC
MrMoody Online content
MrMoody  Online Content

Joined: Sep 2018
Posts: 332
Raleigh NC
Originally Posted by eljefino
Drivers have a duty to avoid accidents and to drive within their visibility and control.

Of course they do. But anyone who does anything illegal or negligent that causes a hazard is also a contributor. If my cows are in the road and someone hits one I will be held liable.
Quote
It's worth a try, but Mrs OP is going to have some, a majority, or probably all of the liability.

Yes. It's worth trying to get only partial liability. It may even get the citation dismissed, and often does. The insurance companies may decide to split 50/50 or each cover their own vehicle, etc. Happens all the time.


2018 Hyundai Kona 1.6T DCT
2006 Pontiac (Holden) GTO AT
2001 Pontiac Grand Prix GT 3.8 NA (beater)
2005 Toyota Matrix FWD (ultra beater)
"Fob" and "Noack" are not acronyms.
Re: Wife wrecked the van [Re: grampi] #5074768
04/14/19 03:10 PM
04/14/19 03:10 PM
Joined: Sep 2015
Posts: 4,200
Connecticut
69GTX Online content
69GTX  Online Content

Joined: Sep 2015
Posts: 4,200
Connecticut
If the parked vehicle did have functioning flashers and/or brake lights.....they should have been on. If you're stuck in the middle of the highway and get out to put your hood up...that may be the last thing you ever do. Evaluate your risks before proceeding. It would be a factor if the parked/stalled vehicle didn't have functioning brake/emergency lights.

We've all had close calls where we were late in detecting a slow moving or stopped vehicle ahead of us. In most cases we were distracted (listening to music, day dreaming, talking to someone in the vehicle, reaching for something, changing the radio channel or heat/ac setting, etc.). It's not just about texting and cell phones. Anything but driving defensively at all times, is distracted driving to some extent. Not everyone is fully prepared at all times (especially in reduced visibility) to come upon a stopped vehicle in a place where it shouldn't be.

Last edited by 69GTX; 04/14/19 03:12 PM.

----------------

2001 Lincoln Cont 4.6L DOHC/ 39K mi / QS HM 5w30 / FUG XG2
1999 Camaro SS M6 /19K /Mobil 1 0w40 /Fram UG /GM MTL-ATF
1969 Ply GTX/RRs
Re: Wife wrecked the van [Re: grampi] #5074787
04/14/19 03:34 PM
04/14/19 03:34 PM
Joined: Oct 2012
Posts: 2,513
NYC
michaelluscher Offline
michaelluscher  Offline

Joined: Oct 2012
Posts: 2,513
NYC
Good to hear she wasn't hurt

After that type of a hit, it's probably best that it get totaled

You wouldn't want it back "fixed"

I would suggest, like I do to nearly everyone now

Get a dashcam


'06 Toyota Camry SE V6 3MZ-FE 124k
'01 Mercury Villager Estate VG33E 52k
'06 Ford Taurus SE Vulcan 60k
Re: Wife wrecked the van [Re: grampi] #5074800
04/14/19 03:50 PM
04/14/19 03:50 PM
Joined: Mar 2009
Posts: 572
Hither & Yon
Hounds Offline
Hounds  Offline

Joined: Mar 2009
Posts: 572
Hither & Yon
grampi, it sounds like your wife had a serious accident. After you attend to your wife, I strongly recommend you pull out your automobile insurance policy and see what the policy limits are for bodily injury (BI) and property damage (PD). If your BI limits aren't greater than $100k per person per accident, you might want to speak with a lawyer NOW, because there's a good chance your insurance company will be tempted to settle the inevitable BI claim for your policy limit, and you'll be responsible for whatever else is involved. You also want to think about that before you allow your wife to go to traffic court without legal representation. If she's found guilty of anything, that too will become a factor in the inevitable personal injury claim. Finally, trust no one. Only your lawyer will protect for your interests.

Re: Wife wrecked the van [Re: grampi] #5074805
04/14/19 03:53 PM
04/14/19 03:53 PM
Joined: Oct 2009
Posts: 4,843
Wet side WA
JohnnyJohnson Online content
JohnnyJohnson  Online Content

Joined: Oct 2009
Posts: 4,843
Wet side WA
S happens! Glad no ones hurt.


2004 Corolla 132848
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In: Havoline Pro DS 10w-30 Purolator PureOne 3-14-19 129693
2006 Duramax 75007
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In: T6 5W-40 XG9100 73705 4-22-18
Re: Wife wrecked the van [Re: grampi] #5074822
04/14/19 04:11 PM
04/14/19 04:11 PM
Joined: Dec 2006
Posts: 8,647
Canuck living in California
KrisZ Offline
KrisZ  Offline

Joined: Dec 2006
Posts: 8,647
Canuck living in California
I'm glad nobody was hurt.
One thing I would do is write down the sequence of events while it is still fresh in your wife's memory. She may have to repeat it few weeks, months down the road and if it differs in any meaningful way, you may have a problem.


2015 Grand Caravan 3.6L - 31k miles.
2006 Mazda 3 2.0L - 171k miles
Re: Wife wrecked the van [Re: grampi] #5074849
04/14/19 04:44 PM
04/14/19 04:44 PM
Joined: Mar 2006
Posts: 6,140
Buffalo, NY
Nickdfresh Offline
Nickdfresh  Offline

Joined: Mar 2006
Posts: 6,140
Buffalo, NY
Originally Posted by grampi
Nope, not on her phone...she won't even look at her phone when she's driving...


Okay, but if the airbags deployed and a 2015 vehicle is totaled, she hit them awful hard. I don't think the "he stalled" thing is really an adequate explanation...

Re: Wife wrecked the van [Re: grampi] #5074850
04/14/19 04:45 PM
04/14/19 04:45 PM
Joined: Mar 2006
Posts: 6,140
Buffalo, NY
Nickdfresh Offline
Nickdfresh  Offline

Joined: Mar 2006
Posts: 6,140
Buffalo, NY
And you should definitely get a lawyer...

Re: Wife wrecked the van [Re: KrisZ] #5074861
04/14/19 04:55 PM
04/14/19 04:55 PM
Joined: Jan 2009
Posts: 7,147
New England
gathermewool Online content
gathermewool  Online Content

Joined: Jan 2009
Posts: 7,147
New England
Originally Posted by KrisZ
I'm glad nobody was hurt.
One thing I would do is write down the sequence of events while it is still fresh in your wife's memory. She may have to repeat it few weeks, months down the road and if it differs in any meaningful way, you may have a problem.


I did just this when I was hit. I gave a recorded statement to my insurance company and, from then on, referred any questions to that statement. My issue went on for YEARS, which is an impossible amount of time to remember all of the details.


'14 Forester XT FA20DIT (Cobb Stage 1)
Edge 0W-40 + FU filter (64,774 miles)
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Re: Wife wrecked the van [Re: grampi] #5074932
04/14/19 05:53 PM
04/14/19 05:53 PM
Joined: Dec 2009
Posts: 27,660
Regina, Saskatchewan, Canada
Garak Offline
Garak  Offline

Joined: Dec 2009
Posts: 27,660
Regina, Saskatchewan, Canada
Glad everyone was fine. From an insurance/traffic perspective, at least up here, the only argument you'd have against an unlit obstruction (i.e. a vehicle stopped in the middle of the road) is if it were at night. Even then, if it were up here, at best you might win the ticket (but probably not) and be hit with say 75% at fault instead of 100%, which, by our insurance laws, is still 100% so it doesn't mean a thing except feeling better about oneself. wink


Plain, simple Garak.

2008 Infiniti G37 - Shell ROTELLA T6 Multi-Vehicle 5w-30, Wix 57356
1984 F-150 4.9L - Quaker State GB 10w-30, Wix 51515
Re: Wife wrecked the van [Re: Nickdfresh] #5074942
04/14/19 05:58 PM
04/14/19 05:58 PM
Joined: Sep 2004
Posts: 22,735
Central Florida
Mr Nice Offline
Mr Nice  Offline

Joined: Sep 2004
Posts: 22,735
Central Florida
Originally Posted by Nickdfresh
And you should definitely get a lawyer...

Yep.

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