Hello every body
I rear ended another vehicle in freeway 5 north band
It was 1 am and there was no traffic in freeway I rear ended him because he pressed on the brake in the speed lane without any specific reason and when I saw it it was too late and although I pushed the brake it didn’t work by the way I was not even tailgating him because I was going 65 mi/hr and I believe he was already stopped.
I have received the police report that is what is mentioned in the report about the other driver:
He was driving with his suspended driving license under the influence of Marijuana there was a witness who saw him weaving from side to side and also saw that he pushed on brake (she saw the brake lights) and slowed down from 70 mi/hr to approximately 40 mi/hr. the witness says that she was driving 60 mi/hr.
Also he attempted to escape. He didn’t know where he was (he said he was in freeway 91 while we were in freeway 5). He said that he was followed by police officers which is totally untrue and from his imagination.
Now here is the problem since I was going 65mi /hr I could have easily prevented the accident by pushing on brakes since I saw the vehicle soon enough how should I prove that the other vehicle was stopped. In the report the only thing that is mentioned about me is that I was going with the speed that was not good for the condition how ever does not say that I violated any speed limit since I did not.
For all of you guys that are going to say since you rear ended him you were at fault how could I prevented the accident 65mi/hr means more than 100 ft per second how far you usually see at night in freeways?.
By the way it is not again making sense that he can drive over and over with his suspended driving license under the influence of drugs and some poor person like me rear end him and he make some money out of it.
Tell me what you think of the situation. I also hired a good attorney. It is unlikely that he do anything about the accident since I believe he is in jail. By the way I had full coverage insurance on my car and my car is a total loss
2007-01-30 14:55:32 · 10 answers · asked by Mike 1 in Cars & Transportation ➔ Insurance & Registration
He doesent carry any kind of insurance thats another thing he was charged with.
2007-01-30 15:06:32 · update #1
In your long-winded dissertation you forgot to tell
us DID YOU GET A CITATION for anything???
2007-01-30 15:58:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I just have to ask.....why would you be in the "speed" lane, at 1am, and you admitted there was very light traffic. WHY would you be in the "speed" lane under those circumstances? I am assuming you mean the left lane, the No 1 lane. Drivers Common Sense 101 says the left lane if for passing ONLY, not for driving. Have you never noticed signs on CA roads stating "Slower traffic keep right"? Just what do you think that means??? Apparently you interpret that to mean you can use whatever lane, whenever, so long as YOU are happy. If you had been practicing basic driving courtesy you would not have been in the left lane and this would not have happened.
You ARE responsible for the accident. You are responsible for driving no faster than your headlights can safely illuminate the road. Obviously you were driving too fast for conditions.
I truly don't understand what the other persons history has to do with your poor driving skills. Be an adult and take responsibility for your own actions.
2007-02-03 11:22:11 · answer #2 · answered by Actonite 2 · 0⤊ 0⤋
Ok.... it is a HUGE MYTH.. that just b/c i person is under the influence of drugs/alcohol/dont have insurance.. that they will be responsible for the accident.
just to make it perfectly clear... YOU ARE MAJORITY AT FAULT IF NOT 100% AT FAULT FOR THIS ACCIDENT. You have to maintain proper distance from a vehicle on the roadway enough that they can do anything... even brake on a major highway.. and you not hit them.
So.. im not sure what you are getting a lawyer for? You are going to end up having to pay for him out of pocket since you are at fault.. and he isnt going to help determine liability at all.... Your insurance will pay your damages (you will owe deductible) and then they will likely pay the other drivers damages as well.
2007-01-31 04:18:10 · answer #3 · answered by la428282 6 · 0⤊ 0⤋
You clearly violated the law known as 'Failure to Stop in an Assured Clear Distance," which is a way of saying you are NOT supposed to overdrive your headlights.
You have to, at all times, drive in a manner where you can stop if something suddenly appears in your field of vision....whether it be a car stopping in front of you for any reason, or an animal or whatever.
Just think about what you are asking....you are asking that the driver ahead of you be prohibited from stoppiong for any reason because you are driving at speed behind him.
That's just silly.
The driver ahead of you has the right of way and you are supposed to drive in a manner that allows you to avoid hitting things in the road in front of you. Period.
You will not win a thing in court.
2007-01-30 16:26:13 · answer #4 · answered by markmywordz 5 · 0⤊ 0⤋
Unfortunately, in most states if you rear end someone they automatically make you at fault and cite you for either too fast for conditions or following too close. Even if the other guy's actions ultimately caused the accident. I had something similar happen to me and I was the one who ended up paying for it. I did contest it and lost. So basically, I feel for you because it really isn't fair and I think they should change their policy to take the other driver's actions into consideration, but I think you're probably screwed. And if you meant Hwy 5 North BEND instead of Band, it looks like you're in WA too (I'm in Eastern WA) so if you are in Washington, you're DEFINITELY screwed. Sorry, just being honest.
2007-01-30 15:15:11 · answer #5 · answered by Hamlette 6 · 0⤊ 0⤋
Dude, not only are you going to have to pay your deductible for your car your insurance company will most likely have to pay for the jailbird's. On top of that, you are going to have to pay your lawyer (he ALWAYS gets paid, by the way). I know this all sucks the big one but sometimes that's just the way life goes. Unless this bozo was backing up on the freeway then the burden of liability is on you.
2007-01-30 16:01:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Well y were u out at 1 AM?
2007-01-30 15:03:05 · answer #7 · answered by Keysta 1 · 0⤊ 2⤋
it would seem like it could be put on him. the judge may put him at falt since he was doped up and was driving with a suspended licens. it sounds like he might have been trying some insurenc frude at that and it just hasnt been proven yet.
2007-01-30 15:06:59 · answer #8 · answered by adam m 2 · 0⤊ 0⤋
You'll be fine, it was his fault, the guy was smoking for god sakes..I don't think you need a lawyer, just call his insurance company and get them to write a check to you.
2007-01-30 15:04:36 · answer #9 · answered by Jake 4 · 0⤊ 2⤋
1- your story is too long
2- you shoulda been paying more attention.
2007-01-30 15:10:14 · answer #10 · answered by Anonymous · 1⤊ 0⤋