My husband was on a dark highway, a road he has travelled every night for 3 years. He came up to a stop light and began to slow down, it turned green so he sped back up.( there was no vehicles at the stop light, or anywhere around ) he looked down at his spedometer coming up to the light, looked up, a few seconds later, almost right after the stop light, he saw the outline of a big truck ( he believes it was a black dump truck that was either stopped or going extremly slow, he saw no lights) he hit his brakes but was to close to do any good.He hit it going 55 (not speeding) He was ticketed for careless driving, shattered his femur,broke 2 bones in his foot and bruised a lung.The car was totaled and we only had liability (work car) I guess I am wondering how we can find out if the truck is at fault. lights not on? stopped on the highway?ect..Does anyone have experience with this situation? It just doesnt seem right.
2007-09-11 11:57:48 · 6 answers · asked by hmmmm 1 in Cars & Transportation ➔ Insurance & Registration
sorry, he was already looking straight ahead. The highway is Very dark and the speed limit is 60. I dont have the police report yet. Is the cop required to check out his lights,(mabey covered with dirt?) license, truckers driving log..?
2007-09-11 12:21:14 · update #1
he was NOT following him,it was not a freeway, this is a dark hwy with no one around(the stop light is for a country road) I am not trying to get a bunch of money or anyone in trouble, I just think this truck should have had lights on and mabey flashers or something if he is basically stopped in the middle of a dark hwy.Anyone going the speed limit would have hit him. I am a little upset the guy didnt help (or speak english enough to talk to him,no im not racist) he was in major pain(came out of surgery with rods,plates & screws ect.) anyway,i am just wondering if cops are required to check other possibilities (trucks lights ect.) when someone gets rearended or its just your fault no matter what. i am not complaining, its just the first accidents hes ever had so were trying to find out if there is anything we can do.If anyone knows about extra money besides disability(that only gave us half our income) that would also help. we have a mortgage,3 kids,and now major medical bills.thanks
2007-09-11 14:53:18 · update #2
I handled a claim similar to this. My insured rear ended a friend that was coming to a stop. At the scene they found out the front car did not have properly working brake lights, and the driver admitted this to me in her recorded statement. Now in Virginia if you contribute even 1% to an accident you are barred from recovery. By not properly maintaining her vehicle I had to deny the claim to the vehicle that was rear ended.
There are only a few contributory states out there, most are comparative negligence states which even if the driver admitted to not have his lights on, or not having properly working tail or brake lights, because you rear ended him I bet your adjuster will find your husband at least 50% at fault for the accident.
Basically you have no chance here to have the other insurance carrier pay for your damages and injury. The only way your husband as the driver can have any help with payment of medical bills is if you carry Med Pay or PIP on your auto policy.
Sorry to hear about the situation, good luck.
2007-09-11 15:22:52 · answer #1 · answered by meekless2001 4 · 0⤊ 0⤋
I'm so sorry this happened to you. It is important to know what the police report says--what the police officers at the scene say in the report, what the other driver says happened, and what you stated to the officer and what he subsequently put in his report. Also it is important to consider whether or not the other driver was cited (i.e., got a ticket) for completely blowing that light like an asshole. If he got a ticket, he will be what we call in the law "negligent per se", which means he's negligent and his negligent caused the damage. No need to prove it with witnesses. Are there any witnesses at all? You really would only need one. If possible, gather all your info before proceeding to another lawyer. As you know, many personal injury lawyers work on contingency, which means they get nothing unless they get a judgment for you--so they are motivated to work hard. Maybe the lawyer you talked to was just lazy because it's not an open-and-shut case and it will take some leg work. Even if a lawyer will not take your case, your insurance company will work their butts off to get their money back from his insurance company, because it was his fault. So don't forget to stay connected with your insurance company. but to answer your question, NO, if you proceeded through the green light like a law abiding citizen, and he blew the light to get his bratty kid to school on time, then you broke no laws and if justice prevails, should be fairly compensated for your car, your pain, suffering, and lost wages.
2016-04-04 15:51:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Medical insurance cover the Xrays and cast? Time off of work? Now you know the reason I keep full coverage insurance and 100,000 Medical and 25,000 for each passenger in my car. Liability coverages to 250,000. Yes I spend 1,600 a year for a 1999 cadillac and 2006 GTO with two adult drivers. But is that crazy that pulls along side and his buddy in front that stops hard who try to sue you. When your car strikes a slow moving truck or a stopped truck you were not watching out far enough ahead. Careless driving seems harsh. A totaled car time off of work medical bills and having to buy a new car? Can bankrupt familys these days. Good Luck getting everything back to where it was before the crash.
2007-09-11 12:45:12 · answer #3 · answered by John Paul 7 · 1⤊ 0⤋
If he was ticketed for careless driving, the police feel he was at fault. Actually he probably was, even if the truck had no lights whatsoever he had his headlights on and should have been able to see it in time to take evasive action. Just from what you have said, it sounds like he took his eyes off the road and never saw the truck until he looked up. What if it had been a very large cow or a person in the road?
2007-09-11 12:12:32 · answer #4 · answered by oklatom 7 · 2⤊ 0⤋
What did the police report say as to who was at fault? That is the answer to you question. Basically a witness or a police report is the only way because if you go to court against the other driver then it is just two peoples stories and a he said/she said case. You have to have proof (i.e Witness, police report)
2007-09-11 12:07:02 · answer #5 · answered by hallock36 3 · 0⤊ 0⤋
How can he PROVE the car didnt have the lights on? If there are no witnesses.. he cant.
The only solid proof in this accident is that your husband rearended the other guy.. putting the fault on him.
Again, no proof... no change in fault here. ONly one thing can be proved.. your husband was following too close and rearended the other guy.
Sorry... lawyer or not... complaining or not.. unless you have a witness this will never change.
2007-09-11 13:53:27 · answer #6 · answered by Anonymous · 0⤊ 1⤋