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?
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.