Guy who hit him told cop that his flashlight was under brake peddle so he couldn't stop. Hubby went to hospital via ambulance, has to wear neck brace for 2 weeks or more How does a flashlight get under brake peddle if moving slow in heavy traffic?
2007-11-17 07:42:37 · 6 answers · asked by Pancake 7 in Cars & Transportation ➔ Other - Cars & Transportation
Cop gave no ticket or summons to guy with flashlight.
2007-11-17 07:44:45 · update #1
Traffic was heavy, so the guy should have had his foot back & forth on brake & gas pedals. Very slow moving - coming home rush hour in that area. I saw hubby's car - looked definitely like guy used gas pedal instead of brakes.
2007-11-21 06:13:41 · update #2
cop should have ticketed him, its the drivers responsibility to make sure there are no obstacles in the way of driving safely sue and if the cost to fix a car is more than the car is worth the car is "totaled"
2007-11-17 07:56:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm sorry for your injury, accidents are bad. Chances are the guy was going a little too fast to begin with and had a flashlight under the seat, step on the brakes and the round thing rolled under and caught the pedal coming down. Shift happens.
Unless the cop saw him speeding theres no proof.
2007-11-17 07:51:49 · answer #2 · answered by ThisJustin 5 · 0⤊ 0⤋
Doesn't matter what the guys excuse was for the accident. If he rear-ended your car he is automatically at fault unless someone rear-ended him and pushed you into your car. There has to be an accident report - your husband has to write one, the guy who hit him as to write one and the cop has to write one. The insurance companies will straighten out who's at fault. Sometimes the ticket will come after the police investigate the accident based on the reports. Sometimes no ticket is issued.
I barely tapped some woman at a light, no damage to either vehicle. She made a huge case out of it in front of the cop. In the end I never got a ticket or anything.
2007-11-17 07:54:37 · answer #3 · answered by Jilly 2 · 0⤊ 0⤋
the f-light guy has to meet you in court ---- when you ask these legal questions you must state the location of city/state so that you get the best answer ------ take the guy and his insurance comany to COURT for payment of auto damage and medical bills --- if this can be backed up by a witness then your chance of collecting is only about 200 o/o better than f-lite guy having any excuse for causing the rear-ender ... if you have a witness you will do well to sue in the justice of peace court and avoid the expense of a lawyer ------ if you go to court without a witness you may not get anything be sure that you have photos and while hubby is wearing the brace be sure that he isn't out lifting weights or such other activity ---- these things are not easily resolved -- take you time to consult with the insurance you have to be sure that court is necessary ...
2007-11-17 08:21:20 · answer #4 · answered by XTX 7 · 0⤊ 0⤋
In some/all(?) states, the police report should still say who was at fault.
I had a wreck in Florida in1996. The cop was going to ticket me, until I explain what the law was. He went back to his car & checked & found that I was right. As he'd already let the other drive go, he couldn't give them a ticket. So his report just said the other driver was at fault. End result their insurance paid for everything & no big deal.
I would recommend checking the police report ASAP, or ensure your insurance are doing so.
2007-11-17 07:48:39 · answer #5 · answered by dryheatdave 6 · 0⤊ 0⤋
The guy admitted it was his fault, he likely had a flashlight on the floor, that's why we need to be sure the drivers side floor is clear at all times, call your ins co and let them know what happen. I hope your hubby feels better, God Bless
2007-11-17 07:48:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋