Legal advice... old lady rear-ended my car today at stoplight

[1ManRevolution]

thank you for the comment internet pest.
yeah i guess they were there about 1/4 of a second before me.
and don't consider the fact of 2 vehicles both going through an intersection at about 45 mph at the exact same time and the speed in which that happens.
or the fact that it happened because one person went through a stop sign at full speed.
there is a thing called human reaction time which by me was pretty damn good in this case which avoided dead on impact.
there is also vehicle reaction time from the time you turn the wheel until the time the car turns at a particular speed.

but yeah, i guess it was my fault.[/QUOTE]

Pretty much...glad I could help you come to that conclusion toolbag.

 

[D-rock]

When you hit someone it is almost always your fault because it's presumed you had the chance to stop and avoid the accident if you were doing what the law requires of you as a driver.

If road conditions are clear and you hit someone that is at minimum mutually liability and most often majority your liability in all jurisdictions.

In a case where someone rear-ends another driver...it is the person's fault who rear-ended because it is presumed they didn't leave enough car length's distance for the speed to prevent a rear-end collision.

In your particular case, not only did you t-bone the guy...you had the duty to make sure the intersection is clear before you enter it...even if you have the right-of-way. T-boning the guy establishes clearly you didn't (in the eyes of legal liability).

That might be the way the legal system looks at it, but it leads to too many ridiculous judgments that defy common sense. I know of somebody that rear ended a car that for some reason was completely stopped in the middle of the road just past a crest on a steep hill, and was found at fault for the accident! While obeying the law driving there was no way he could have avoided it within the laws of physics other than to be psychic. With meesterperfect the situation was almost as bad. He's either expected to be psychic and know the guy would blow past the stop sign, have superhuman reflexes and defy the laws of physics getting the car to stop, or be paranoid about other drivers inadequacies to an absurd level and assume that every single time in he comes to an intersection when somebody else does where he has the right of way every time for the rest of his life that the other guy will not stop even thought he is supposed to and pretty much stop or at least dramatically show down himself even though he's not supposed to and even though that might create a dangerous situation himself depending on cars around and especially behind him. I haven't even got into where people will cut off in front of others and quickly slam on the brakes to try and make an exit or a road they want to get on when they are in the wrong lane.

The whole thinking that the driver that hits the other is always responsible in some way just doesn't mesh with reality.

 

[GregCentauro]

An eye for an eye. Rear-end her daughter's ass and post the footage here. If she doesn't have a daughter, rear end her son's ass and post the footage here. If she doesn't have any children, well... maybe she has pets... and post the footage here.

 

[Petra]

Florida is a no-fault state (sucks because you can't turn around and sue the idiot that runs into you). We have to carry no-fault insurance so if we get into an accident, our fault or not, the insurance covers it.

You will still want to go to the local police station and file a report as she may have to pay a fine for rear ending you or more depending on the situation.

 

[Hot Mega]

That might be the way the legal system looks at it, but it leads to too many ridiculous judgments that defy common sense. I know of somebody that rear ended a car that for some reason was completely stopped in the middle of the road just past a crest on a steep hill, and was found at fault for the accident! While obeying the law driving there was no way he could have avoided it within the laws of physics other than to be psychic. With meesterperfect the situation was almost as bad. He's either expected to be psychic and know the guy would blow past the stop sign, have superhuman reflexes and defy the laws of physics getting the car to stop, or be paranoid about other drivers inadequacies to an absurd level and assume that every single time in he comes to an intersection when somebody else does where he has the right of way every time for the rest of his life that the other guy will not stop even thought he is supposed to and pretty much stop or at least dramatically show down himself even though he's not supposed to and even though that might create a dangerous situation himself depending on cars around and especially behind him. I haven't even got into where people will cut off in front of others and quickly slam on the brakes to try and make an exit or a road they want to get on when they are in the wrong lane.

The whole thinking that the driver that hits the other is always responsible in some way just doesn't mesh with reality.

Will there be outliers? Probably so...but in the case of entering an intersection it's presumed you don't magically appear there. As you approach the intersection...you theoretically have a field of view. This allows you to not only see in front of you but also traffic approaching intersection as well..

Theoretically if you're paying proper attention as you approach an intersection you typically see traffic approaching the intersection with enough time to avoid the collision...

It is presumed you will take the necessary steps to ensure an intersection is clear or will be before you drive into it. If that entails adjusting your speed to make sure you don't hit something..that is part of it.

 

[Shifty]

I'm surprised you didn't offer her a movie deal.

 

[D-rock]

Will there be outliers? Probably so...but in the case of entering an intersection it's presumed you don't magically appear there. As you approach the intersection...you theoretically have a field of view. This allows you to not only see in front of you but also traffic approaching intersection as well..

Theoretically if you're paying proper attention as you approach an intersection you typically see traffic approaching the intersection with enough time to avoid the collision...

It is presumed you will take the necessary steps to ensure an intersection is clear or will be before you drive into it. If that entails adjusting your speed to make sure you don't hit something..that is part of it.

Maybe, but what has to be taken into account is that often people literally have a spit second to analyze a situation and take action if they even have that after the point it should be obvious the other car should have very visibly slowed down or started doing something else stupid, and that's if there aren't also other things that need to be paid attention to in that situation that one might look at first like a car coming at you and maybe even a car coming from the opposite direction of the car that's going to blow the stop sign. Maybe looking at that car first instead of the other one shaved a second off the time you could have had to react, and it was just dumb luck. It's not like people have ten minutes to look things over and say, "Hmmm...it looks like that car isn't following the optional driving technique for it's situation. It's more like Whoa, what the hell is that car doi....CRASH. Luckily I have never had a situation like that, but that's mostly because I almost literally drive defensively to a paranoid level which isn't practical.

 

[Hot Mega]

Luckily I have never had a situation like that, but that's mostly because I almost literally drive defensively to a paranoid level which isn't practical.

I think that would be the point. It is practical though not common..most people forget they are navigating a ton or so of metal, glass and plastic just because it plays their favorite itunes.

 

[1ManRevolution]

Will there be outliers? Probably so...but in the case of entering an intersection it's presumed you don't magically appear there. As you approach the intersection...you theoretically have a field of view. This allows you to not only see in front of you but also traffic approaching intersection as well..

Theoretically if you're paying proper attention as you approach an intersection you typically see traffic approaching the intersection with enough time to avoid the collision...

It is presumed you will take the necessary steps to ensure an intersection is clear or will be before you drive into it. If that entails adjusting your speed to make sure you don't hit something..that is part of it.

And to take it one step further.

if you T-bone someone, evidently they were in the intersection way before you. Thus...it is your fault.

 

[Hot Mega]

I'm surprised you didn't offer her a movie deal.

:1orglaugh:1orglaugh:1orglaugh

But he did say his kids were in the car so maybe there wasn't the opportunity for an impromptu audition.

 

[Supafly]

Shimmy2,

if she still has her license to drive, she must be able to control her car at all times and be able to take responsibility of her actions. A car is a deadly weapon, and if a person is short-sighted, has slow reflexes or problems hearing what goes on around her, you need to hand over your driver's licanse or stand up for any damage you cause.

CALL 911 !!!

 

[smoknn]

not calling the police was the first mistake...you pretty much had a case..but not getting a police report is gunna make it hard...not sure how hard..but thats gunna hurt you

 

[smoknn]

You shoud've cracked the bitches skull with a tire iron.

But as you pussied out of doing that (in front of your own family no less (the shame of it) ). File a police report, get her address, take your wife and kids over to her house and have them film it as you do something you should have done in the first place!

Problem solved.

is that you stone cold???:1orglaugh:rofl::rofl2:

 

[meesterperfect]

And to take it one step further.

if you T-bone someone, evidently they were in the intersection way before you. Thus...it is your fault.

way before?
way meaning a fraction of a second earlier?

what is the braking distance of a car going about 45 mph?

if a crown vic is say 10 feet long how long does it take that vehicle to travel 10 feet at 50 mph?
or even i had had seen it 20 feet before impact how long does it take to travel 30 feet at 50 mph?

ok so if the law says you hit them so its your fault, then its also realistically your fault too?

common sense says differently.

like i stated, in my situation a couldn't see a thing, only literally a fraction of a second before impact a long vehicle about to cross my path going fast.
all i could to was hit the brakes and turn the wheel hard to prevent full dead on impact.
avoidance was impossible even for dale earnhardt.
its common sense that its not always the car who hits the other cars fault, especially when someone runs a stop sign and flys through an intersection at about 50 mph.
but on the bright side if i was 1/4 second ahead of where i was i'd probably have been killed.

 

[Member442]

file a report.

 

[Rey C.]

hit from behind
and my back hurts
and my kids were in the car

she says to me "no harm done, no harm done"

i got her info, tag, and took phone pics but didnt call 911

what would you do, any law folks on FO? this is florida by the way

It's good that you took some pics. Probably would have been better if you'd called the cops right then, but go ahead and call them now. You should also notify your insurance company. You don't want to file a claim with your company, but they'll often assist you in going after her company so that they won't have to pay.

Good luck.

 

[DOA82]

Offer to make a porno with her so we can get to hear you bitch about how crap the final product is, while you indirectly promote it.

 

[shimmy2]

might make a good scene storyline actually... i havent seen that done in a movie yet. i got everything in order here with reports and the company will be handling things so thanks folks for the help.