by carrie » Sat Nov 15, 2008 10:39 pm
Hello to the Community,
I just found this website and find it very helpful! I have read a few posts and I really need some help.
Setting:
Last Thursday I was involved in an partially daytime accident and partially night. It was early in the morning as was headed to work and to drop my son off at daycare. I was coming up to a 4 way intersection ( with stop signs but no traffic lights) and all stop signs in every direction. This occurred in central Missouri in a residential area. There was one lane for each direction. I was traveling east bound and came to a complete stop making a left hand turn. There was a school bus going south bound and he almost hit me as he was making a right turn going south. He was totally in my left turn lane. I looked back at the end of my car to make sure nobody was behind me. I had to back up about 10 feet so he could make his right turn. As he was turning the back end of the bus came around as I was making a left hand turn and it had blinded me for a second. As I was making a left hand turn, there was a car traveling and making a left hand turn going north bound. He was over the line of the stop sign. I had the right away and I was already in the intersection. The cars that were traveling in all directions have to yield to the cars on the right hand sides.
He was in my pathway as I was making a left hand turn going east bound and (remember he was very much over the line.) My whole fender on my drivers side is damaged and he only had a head light cracked and his turn signal. He had a little bit of damage to the right side of his bumper by the yellow tail light and no damage to his the drivers side fender.
We exchanged insurance and a police report was made. After a couple of days I gave my recorded explanation to my insurance company. His insurance company called me and asked me about the accident. Also what had happened. She then proceeded to ask me if I was drunk and if I had eye problems. Like if I was wearing my glasses or my contact lenses. I said no I wasn't drinking and yes I was wearing my contacts. I would never drink and drive especially with my child in the car. I don't even drink in the 1st place. After the recorded statement she asked me if I have any questions and if I understood everything. Then she said since you were the one in motion its automatically your fault. I said he was in my pathway and over the stop sign line. I asked if that mattered at all. She said no you were the one in motion. I didn't think that was very professional at all. So then she said to just follow up with my insurance adjuster.
If anyone could help me in this situation, it would be very appreciated. Sorry so long but had to explain everything! Thanks so much.[/b]
I just found this website and find it very helpful! I have read a few posts and I really need some help.
Setting:
Last Thursday I was involved in an partially daytime accident and partially night. It was early in the morning as was headed to work and to drop my son off at daycare. I was coming up to a 4 way intersection ( with stop signs but no traffic lights) and all stop signs in every direction. This occurred in central Missouri in a residential area. There was one lane for each direction. I was traveling east bound and came to a complete stop making a left hand turn. There was a school bus going south bound and he almost hit me as he was making a right turn going south. He was totally in my left turn lane. I looked back at the end of my car to make sure nobody was behind me. I had to back up about 10 feet so he could make his right turn. As he was turning the back end of the bus came around as I was making a left hand turn and it had blinded me for a second. As I was making a left hand turn, there was a car traveling and making a left hand turn going north bound. He was over the line of the stop sign. I had the right away and I was already in the intersection. The cars that were traveling in all directions have to yield to the cars on the right hand sides.
He was in my pathway as I was making a left hand turn going east bound and (remember he was very much over the line.) My whole fender on my drivers side is damaged and he only had a head light cracked and his turn signal. He had a little bit of damage to the right side of his bumper by the yellow tail light and no damage to his the drivers side fender.
We exchanged insurance and a police report was made. After a couple of days I gave my recorded explanation to my insurance company. His insurance company called me and asked me about the accident. Also what had happened. She then proceeded to ask me if I was drunk and if I had eye problems. Like if I was wearing my glasses or my contact lenses. I said no I wasn't drinking and yes I was wearing my contacts. I would never drink and drive especially with my child in the car. I don't even drink in the 1st place. After the recorded statement she asked me if I have any questions and if I understood everything. Then she said since you were the one in motion its automatically your fault. I said he was in my pathway and over the stop sign line. I asked if that mattered at all. She said no you were the one in motion. I didn't think that was very professional at all. So then she said to just follow up with my insurance adjuster.
If anyone could help me in this situation, it would be very appreciated. Sorry so long but had to explain everything! Thanks so much.[/b]
Posted: Sat Nov 15, 2008 11:07 pm Post Subject:
Might have been long but this only served to make it confusing:
There was a school bus going south bound and he almost hit me as he was making a right turn going south.
Going south and then turning right to go south?My whole fender on my drivers side is damaged and he only had a head light cracked and his turn signal....He had a little bit of damage to the right side of his bumper by the yellow tail light and no damage to his the drivers side fender.
First the other vehicle was hit in the front (headlight) then it was the tail light. Was it both, neither, one or the other?Without understanding completely where each vehicle was, where they were going, and how they were moving (or not), I'd have to say it's difficult for a stopped vehicle to cause an accident. If you were moving forward and stuck a vehicle that was stopped, over the stop line, I'd have to say you'd be hard pressed to get out of liability.
If you'd like to cut down on the unrelated details and be more descriptive about who was moving and where, it might help. Example, was the bus really involved? If not, just leave it out.
Posted: Sat Nov 15, 2008 11:27 pm Post Subject:
No, the bus just was before the car. No the bus wasn't involved in the accident. I was making left going east bound and the other care was making a left going north bound. I was already moving and he was completely in my pathway as I was making a left. He was very much over the stop line. His head light was cracked and turn signal. Front drivers bumper damaged a little. Its not difficult for a stop vehicle if he was totally in the intersection past the stop line. I was almost out of the intersection when he was in my way of turning.
Posted: Sat Nov 15, 2008 11:53 pm Post Subject:
Sorry if I made this so confusing
Posted: Sun Nov 16, 2008 12:05 am Post Subject:
If the other person was stopped/not moving, why could you not have avoided him?
Posted: Sun Nov 16, 2008 12:36 am Post Subject:
I couldn't avoid him cuz then I would have ended up on the embankment on the sidewalk and hit a building. Like I said he was in my pathway of turning in the intersection. I guess I would have to show you the intersection plus its a four way with turning lanes and straight aways.
Posted: Sun Nov 16, 2008 12:38 am Post Subject:
http://maps.google.com/maps?q=william+woods+university&f=l&near=&sll=38.851672,-91.946152&sspn=0.101601,0.21492&ie=UTF8&ei=OVsfSe_iLoaKNPb4zdQH&view=map&attrid=&hl=en&ll=38.844488,-91.944561&spn=0.001588,0.003358&t=h&z=18
Posted: Sun Nov 16, 2008 12:41 am Post Subject:
You state that he was in your path... but he was not moving. So if you are the only one moving toward him, why could you not have simply stopped or gone around his stopped vehicle?
There is somthing called last clear chance... it asks the question, who had the last chance to avoid the accident. In this case I would be you, as the other vehicle was not moving. No?
Posted: Sun Nov 16, 2008 12:42 am Post Subject:
Here is the intersection from a google map, its a little blurred but if you scroll down on the map it will tell you the street names. I was coming off of 2nd street. On the map its route O and the other car was coming off of bluff street and on map its route C.
Thanks for your time
Posted: Sun Nov 16, 2008 12:58 am Post Subject:
I couldn't have just stopped because if I slammed on my brakes I was gonna hit the other car anyway and I really didn't want to hit a building especially since its a narrow intersection anyway.
Posted: Sun Nov 16, 2008 01:03 am Post Subject:
Slammed on the brakes? I'm assuming that you stopped at the stop sign and then proceeded into the intersection? How much speed could you have had? Also, by stopping, how would you have hit the "other" car? Where was this "other car"?
If you turned to avoid the stopped car, why would you have gone off the road and hit a building?
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