My question involves a traffic accident in the State of: Maryland
I was leaving a parking lot on a highway with a 45mph speed limit and pulled across three lanes of traffic and accelerated to approximately 25-30mph. I did not accelerate hard because the light in front of me was red, but I traveled 60 yards in my lane when I was then struck in behind and received about $2K in vehicle damage. I was also about 60 yards from the red light when I was hit. So I traveled 60 yards in my lane and had another 60 yards before I had to stop red light. The police were called and they walked it off at 60 yards, but it was not officially measured. It was not officially measured to the red light but the accident occurred roughly equal distance from both objects. The other driver claimed it happened right at the intersection but the debris did not support her claim and the cop walked off 60 yards from the intersection to the accident. The officer also said he felt from the location of the debris that I had established myself in the lane and she was at fault. I thought this was open and closed, but in St. Mary’s County Maryland there are no police reports unless someone goes to the hospital or a vehicle is inoperable. Without a police report her insurance company is referencing the Maryland Boulevard Law and saying I impeded her right of way and the accident is my fault. My insurance company wants to just pay the claim and avoid a costly fight and let me be at fault. I have two question do others feel I am at fault and if not what should I do? I don’t know if it makes a difference but at the time of the accident she was delivering pizzas for Papa John’s.
Hit from Behind but Insurance Company Won't Protect Me
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11-19-2010, 09:26 AMhitInBackHit from Behind but Insurance Company Won't Protect Me
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11-19-2010, 09:49 AMflyingronRe: Hit from Behind but Insurance Company Won't Protect Me
You careened across multiple lanes of traffic in violation of the law and in front of a car with legitimate right of way and you feel that somehow the fact she was delivering pizzas is exculpatory?
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11-19-2010, 10:13 AMhitInBackRe: Hit from Behind but Insurance Company Won't Protect MeSo if I hadn't gone across mutiple lanes what that have changed the situation?Quote:
Quoting flyingron
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11-19-2010, 10:26 AMcyjeffRe: Hit from Behind but Insurance Company Won't Protect MeYes, if you had been driving properly, the accident would have probably been the other driver's fault. However, you weren't ... so that discussion doesn't have any value.Quote:
Quoting hitInBack
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11-19-2010, 10:44 AMThat GuyRe: Hit from Behind but Insurance Company Won't Protect MeYou either failed to yield the right of way or you were impeding traffic... Either way, you carry a good percentage of fault here.Quote:
Quoting hitInBack
Nope... If it was Domino's then it may have been a different story! J/KQuote:
Quoting hitInBack
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11-19-2010, 11:10 AMhitInBackRe: Hit from Behind but Insurance Company Won't Protect Me
I guess the fact that everyone says the same things means I am at fault.
It just boggles my mind that I could have someone pull out in front of me continue down the road for about 200-250 yards hit them in the back and not be at fault. I know if I drove like this I would hit someone about once a week. I am not trying to start anything I am just frustrated with all of this. I do appreciate the responses even if I don't like the answer.
I do have a new question. After the wreck she felt she was at fault and wanted me to go on my way with no need to exchange info. At that time she claimed she had no bodily injury. Now if I am at fault do I have to worry about sudden new neck pain that I am responsible for? -
11-19-2010, 11:33 AMThat GuyRe: Hit from Behind but Insurance Company Won't Protect MeWait... From your first post, you traveled 60 yards...Quote:
Quoting hitInBack
BIG difference between that and 200-250 yards...Quote:
Quoting hitInBack
Also, even if you had been on the road for 200-250 yards (thereby establishing your presence in the lane (as the officer had concluded)), you would still be partially responsible by "impeding traffic" since you were driving at 20mph below the speed limit...
You can leave that for your insurer to handle... They will get a release of liability from her upon settling the claim!Quote:
Quoting hitInBack
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11-19-2010, 12:05 PMhitInBackRe: Hit from Behind but Insurance Company Won't Protect Me
I am sorry for the confusion, when I was talking about traveling 200-250 yards and hitting someone I was saying that from her point of view, that was about the distance she traveled. I will say after looking at the pictures I think the distance she traveled before hitting me is closer to 175 yards honestly. I was just saying if someone pulled out in front of me and I traveled 175 yards before I hit the brakes I would be in an accident quite often, and I would think it would be my fault. 175yards = 525 feet and at 45 mph (the speed she said she was traveling) you travel 525 feet in about 8 seconds. Just think how many accidents you would be in if you don't react for 8 seconds. She did claim to hydro-plane and it was raining if that makes any difference I don’t know.
I know I can't impede her and you say my speed is too slow, but I had to stop at the red light as did she. The red light was about 60yards away and I was going 25-30 mph. I felt no need to continue to accelerate to 45 mph to have to slam on the brakes for a red light. By the way 60 yards is 180 feet which is 20 feet short of the 200 foot distance listed for a car to stop at 45 mph. I found that 200 foot number on some teen driving website. I know that it doesn't matter but I feel quite honestly she was on the phone or trying to figure out where her next stop was for her pizza delivery and that she never hit her brakes before hitting me and the would have probably missed the red light or struggled to stop in time.
Thanks for all the responses everyone. -
11-19-2010, 01:23 PMThat GuyRe: Hit from Behind but Insurance Company Won't Protect MeIs it safe to assume that the 8 seconds began when you first saw her approaching - i.e. before you entered the roadway?Quote:
Quoting hitInBack
If that is the case, is it safe to assume that it took you a few seconds to enter the road and get in front of her? And how long do you think it took before you "established a position in that lane"? 3 seconds? 4 seconds?
Also, with that in mind, you did state that you thought she was "speeding"... Add to that the fact that it was "raining" as well as the fact the you didn't seem to be in such a great hurry... Do you think it would have been more prudent and safe to have waited the few seconds instead of entering the roadway and assuming that she will properly react by slowing down???
Regardless, it is your responsibility to yield the right of way to approaching traffic and/or maintain a speed that is consistent with the flow of oncoming traffic. Personally, I always assume that another driver is distracted somehow rather than assume that they are paying attention and are always ready to react to my actions...Quote:
Quoting hitInBack
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11-19-2010, 02:33 PMhitInBackRe: Hit from Behind but Insurance Company Won't Protect Me8 seconds began when I hit the gas to move into the roadway.Quote:
Quoting That Guy
I don't believe I said that, but she probably was speeding but she wasn't speeding at such a speed it was obvious at the time when I entered the lane. My guess is she was going low 50s.Quote:
Quoting That Guy
[QUOTE=That Guy;472989]as well as the fact the you didn't seem to be in such a great hurry[QUOTE=That Guy;472989]
Do you say that because of my speed? If so what about the red light in front of me?
Looking back of course I wish I waited who wouldn't, but I also wish I sold my house in 2008 and there is nothing I can do about that now. This is definitely a learning lesson and maybe a cheap one in the grand scheme of things I am just frustrated with how things went. If I came to this forum and said I was in the far left lane driving on a multi-lane highway when I looked down to adjust my GPS and next thing I know I hit the back end of a guy that wasn't there a few seconds ago who is at fault? I wonder what the response would have been on this message board?Quote:
Quoting That Guy
Anyway looks like I am toast when we go to arbitration any advice for that would be greatly appreciated or do you think it is a lost cause?