Car accident, need opinions not lectures or put downs!?

Question

Yesterday my husband totaled my car and he received 2 citations, one for careless driving and one for no proof of insurance because there was none...and again I don't need no insuarnce lectures, we have our reasons and are kicking ourselves enough as it is. This is the story..My husband was driving on the highway in the middle of 3 lanes, he switched to the far left lane while and SUV pulled along side of him to the right, he lost control and hit the SUV on the right but when he corrected...he over corrected and swerved back over to the SUV which then spun him around 360 degrees, once he stopped spinning he was facing in the correct ddirection to drive and was moving forward when a School Bus then hit him from behind. I arrived to the scene to find that the bus driver was rushed to the hospital because of pain to the neck and back. I saw no indication on the road (skid marks) of where the bus driver tried to stop from hitting my husband. My car is totaled and damagae is (continued)

estimated to be $10,000..to the bus $2,000.. and to the SUV $1,000. If we take this ticket to court with all the info we need like witness affidavits and pictures and a re-inactment of the accident, what do you think the chances of wining are? I believe my husband started the accident but it seemd to me (if It was me, I would have slammed the breaks) and the bus driver did not. My husband wasn't wearing his seat belt and was flung all over in a honda civic none the less and was almost killed but he didn't feel like he needed to go to the hospital. I don't know, I am in a world of mess and I guess I am just trying to make sense of it. The bus driver wasn't charged with anything and she hit him! We are in Florida and when I hit someone although it was their fault, i was charged...I did tatke it to court though and I won.

MY HUSBAND NEVER STOPPED. LIKE I STATED, ONCE HE SPUN COMPLETELY AROUND HE WAS STILL DRIVING FORWARD ON THE HIGHWAY...NOT STOPPED!!!

Answer 1

i would think the bus driver has some "comparitive negligence"; an accident happens in front of you, you should be able to brake for it. how long was he stopped before the bus struck? if it instantaneous than maybe not (reaction time, big vehicle takes a while to slow)...why did he lose control? something might help him there to lessen his own negligence, i don't know. you should call an attorney in your area. phone consulations are usually free. good luck

*edit* if the person above me is correct, and fl is a no-fault state, then there's nothing for it. talk to that attorney and make sure

Answer 2

i guess the fact that you didnt have insurance answers the question as to why you think you have any chance in this case. if it goes to court you will be totally screwed. if your husband was not stopped when the bus hit him then chances are the bus did not have time to stop. its not his fault your husband was swerving all over the road. busses are hard to stop. they are kinda big. maybe he thought it was a better idea to hit your husband than attempt to stop and have his bus roll with a load of kids in it. good luck with that one!
but there are many factors involved. time of day, was it sunny or dark out? i would guess sunny since there was a school bus on the highway. how long after the first incident happen did the school bus hit him? if it was within seconds upto about 20 or thirty seconds, i would say you're screwed. if longer, the bus may have violated his duty to keep a proper lookout of the road ahhead of him but it will be 60% your fault at best. all in all, you're screwed

Answer 3

Don't know where to find the rest of your question, but I hope your husband got names and addresses of witnesses to the accident. This is a type of chain reaction collision and witnesses would help. Get an attorney, go to court, see if the other parties come to court. If they don't, try to get the tickets dismissed. You will most likely not be able to beat the lack of insurance ticket and you could be on the hook for lots of bills from the people your husband hit. Additionally, I'm sure the school bus driver will try to exact a pound of flesh because of his injuries. Whatever advice you can get from this source, your best and probably most helpful advice would be to get to an attorney quickly.

The other drivers, if they were driving legally and were insured, their insurance companies will most likely pay the bills for those vehicles but then their insurance companies will most likely come after you for payment. Trust me, they'll look for big bucks so get an attorney. You can't afford not to.

Additionally, if you owe money on your car, you'll still have to pay it off so add that to your list of new bills.

Answer 4

I fail to see how the bus driver is at fault if your husband was basically stopped in the middle of the road.

Florida is a no-fault state, which should at least help you with the damage to other vehicles.

It doesn't sound like you guys have a whole lot to stand on, what with the added irresponsibility of not having insurance. Not lecturing, just pointing out that it is the law which you willingly violated. This makes a judge/jury see you as a person who tends to violate the laws... may not work out well for you.

Good luck, and at least your husband was uninjured!

Answer 5

Sometimes the cost of an accident is allocated between more than one driver. This occurs when more than one is at fault. Normally, the insurance companies of all the involved parties negotiate these percentages among themselves, based on what the police entered in the accident report.

You need to get a copy of the accident report and an attorney. If you try to negotiate with the insurance companies of the other drivers, you will be at a disadvantage. Even with someone to negotiate on your behalf, you will be responsible for some percentage of the damages, possibly even 100%.

Answer 6

I'm in Fla. too. Definately get a lawyer but... your husband hit the suv so that is his fault but... if the bus hit him that's the bus driver's fault. Florida's no fault law is that if you hit someone its your insurance that pays for your car's damage and their insurance that pays for their car's damange but you may have to pay them for the deductable.

I'm not 100% sure about all the who pays for what but the bus thing was'nt your husbands fault especiallt if the bus driver never hit the brakes.


hire a lawyer to help you there are alot of them who will work out a payment plan with you and alot of lawyers do free consultations:) good luck!!

p.s. alot of times a lawyer can get the no insurance thing and the tickets off your license so i'd talk to a traffic attourney too

Answer 7

You need to get an attorney, QUICK! Any lawsuits filed against your husband could cause you to lose everything you have if you don't have the money to pay the judgements. Uninsured motorist insurance might cover the damages, if the other drivers have it, but that still doesn't prevent the insurance companies from filing suit.

Answer 8

Ok based upon past experience. Your husband is at fault with all vehicles.

When my spouse was rear ended after making a lane change the Officer informed her she was at fault because she did not yield to the oncoming vehicle [even though the vehicle was speeding]. She got the ticket and our insurance got the bill for their car.

Answer 9

Megan~

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Answer 10

based ont eh info you provided it sounds liek your husband is at fault and you are not going to have much recourse. yes if you can provide affadavits and witnesses you might be able to argue your point but considering all teh info you provided here: especially teh two citations, whcih means the police believe he was at fault you, your not going to win. sounds like you ar looking to sue the city or state whoever the governing body was that was beholden to the bus. not gonna work, take your lumps.