Wife wrecked the van

Status
Not open for further replies.
Originally Posted by grampi
It didn't help that the road was wet...

In that case, the tires make a good scapegoat ... might make the wife feel better if not you.

But seriously, the reduced visibility in the rain should help in court. Lights are required in the rain in this state.
 
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...
 
Glad everyone was ok. Aren't there supposed to be occupancy sensors to prevent unnecessary deployment?

Seems crazy that a 2015 vehicle would be totaled. Even with a Toyota I doubt the outcome will be fiscally in your favor. If it's repaired, be prepared to sue for diminished value.

Good luck.
 
Agree with everyone else, glad she is okay!

I do agree that not having having their flashers on causes a major issue...as it is not always easy to judge speeds. (Every situation is different) I've had car trouble before on the road, and threw the flashers quickly so I didn't get hit! I can'y Get past the feeling that your wife was "set up". Please be careful!

WIth any luck, the van can be fixed.....
 
I am glad your wife is OK. In 1971 when I was in driver's education we were told if stalled to put on your emergency flashers and hood up for extra visibility. Also if the insurance company of the stalled vehicle calls you at home you are not obligated to speak with them. Refer them to your insurance company. Maybe if the hood was up she would have been able to avoid this. Perhaps "shared liability". Good luck.

Scott
 
Originally Posted by daves87rs
Agree with everyone else, glad she is okay!

I do agree that not having having their flashers on causes a major issue...as it is not always easy to judge speeds. (Every situation is different) I've had car trouble before on the road, and threw the flashers quickly so I didn't get hit! I can'y Get past the feeling that your wife was "set up". Please be careful!

WIth any luck, the van can be fixed.....


Zero speed is usually pretty easy to judge. Closing on an upcoming vehicle quickly usually gives it away, too.

There are many times when I've arrived at traffic (e.g, around a corner) and, while they're cruising at idle speeds, not everyone will need their brake lights. The only time there are accidents in this case are if those who are approaching are driving way too fast or if they're not paying attention.

//

I honestly don't mean any disrespect to the OP and his wife, whatsoever, but no one should be sugar-coating this or being unnecessarily optimistic. I think he and his wife would be best served by preparing for the worst and very possible future, so they're not surprised when everything is thrown at them and they're caught with their pants down.
 
Glad everyone is OK.

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.

There's nothing grossly negligent here, so insurance will cover what ever needs to be covered.
 
Last edited:
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.
 
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.
 
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).
 
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?
19.gif

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.
 
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.
 
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:
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
 
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.
 
Status
Not open for further replies.

Similar threads

paulo57509
Donated the Safari - On the auction block
Replies
5
Views
306
Kira
supton
Yo-Yo day
Replies
9
Views
560
vavavroom
Zee09
The Deep Clean Scam
4 5 6
Replies
114
Views
5K
mk378
bbhero
Colonial Parkway cold case solved…
Replies
14
Views
1K
sloinker
Hillbilly Deluxe
  • Locked
Sick and tired of the "listening"
8 9 10
Replies
190
Views
8K
ARCOgraphite
Back
Top