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  1. #1
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    Aug 2017
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    Default Are You Liable if You Cut Off a Car That Goes Off the Road Without Hitting You

    My question involves an injury that occurred in the state of: Florida.

    My wife was making a u-turn from the median, she believed she had plenty of space to complete the u-turn before the next grouping of cars, but after making the u-turn realized the cars were moving much faster than she originally perceived. As she tried to gain speed, a vehicle closing in behind her in her lane attempted to pass her at his maintained speed instead of slowing down. While changing lanes, he overshot his lane, hit the median and flipped his vehicle. His vehicle made no contact with my wife's vehicle or any other vehicle.

    She pulled over in the nearest parking lot, called 911 and being in a panicked state due to seeing this happen right in front of her face, said to the operator "I think I was involved in an accident.." . After that, she waited there for 2 hours, the police left and never came to speak with her or take a statement. When she got home, she called the local police station to see if this was a mistake, and the operator said that if they needed her statement, they would have done it.

    Weeks later, she receives a call from a very large personal injury/class action firm. Their claim is that she contributed to the accident and that they want to get her insurance company involved. They ask for her insurance information, which she gives, and they ask her to give a statement, which I instruct her to decline and that she will give her statement to our insurance company. This was a few days ago, and we still have not heard back from our insurance company.

    I guess my question here is, can the responsibility of this accident be put on her?

    Also, the driver of the crashed vehicle actually came to our residence today, came in our driveway and inspected the back of our vehicle and/or took the license plate number. As I went outside to make contact with him, he just got in his vehicle and left. This means that the lawyer he is using gave him our address. Is this normal?

  2. #2
    Join Date
    Sep 2017
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    493

    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Don't assume that the attorney gave him any information. Any address is pretty easy to track down if you have a name, especially if you own your home. Property records are public records, and I don't think any attorney with any sense would send a client out to do leg work on a case.

  3. #3
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    Aug 2017
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    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    I wouldn't think so, but that is the only person my wife gave any of her personal information to, other than her first name. It just struck me as odd. Maybe he was just driving down our street by chance, but it was pretty unsettling to my wife to see this guy snooping around our vehicle at our home.

  4. #4
    Join Date
    Nov 2013
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    6,326

    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Quote Quoting T.Del
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    I guess my question here is, can the responsibility of this accident be put on her?
    If her actions created the condition that caused the accident, then yes she is at least a contributor to the cause. The insurance companies will determine who is at fault and at what percentage.

    Turn it all over to your insurance company and let them handle it.

  5. #5
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    Sep 2017
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    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    The law firm contacted her first. They clearly got her information from somewhere. They didn't pull her name and phone number out of thin air.

  6. #6
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    Aug 2017
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    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Quote Quoting PMMH
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    The law firm contacted her first. They clearly got her information from somewhere. They didn't pull her name and phone number out of thin air.
    I assume they got her name and number from the 911 call.

    Quote Quoting budwad
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    If her actions created the condition that caused the accident, then yes she is at least a contributor to the cause. The insurance companies will determine who is at fault and at what percentage.

    Turn it all over to your insurance company and let them handle it.
    Should she contact her insurance company, or wait for them to contact her? Thanks.

  7. #7
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    Mar 2013
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    17,040

    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Quote Quoting T.Del
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    My wife was making a u-turn from the median, she believed she had plenty of space to complete the u-turn before the next grouping of cars, but after making the u-turn realized the cars were moving much faster than she originally perceived. As she tried to gain speed, a vehicle closing in behind her in her lane attempted to pass her at his maintained speed instead of slowing down. While changing lanes, he overshot his lane, hit the median and flipped his vehicle. His vehicle made no contact with my wife's vehicle or any other vehicle.

    I guess my question here is, can the responsibility of this accident be put on her?
    Yes. And from your description I can almost guarantee it. She failed to yield to an oncoming vehicle, appeared suddenly in front of it, causing the driver to lose control.

    Quote Quoting T.Del
    View Post

    Also, the driver of the crashed vehicle actually came to our residence today, came in our driveway and inspected the back of our vehicle and/or took the license plate number. As I went outside to make contact with him, he just got in his vehicle and left. This means that the lawyer he is using gave him our address. Is this normal?
    It's not abnormal and there's nothing wrong with an accident victim checking up on the at fault driver.

    Quote Quoting T.Del
    View Post
    it was pretty unsettling to my wife to see this guy snooping around our vehicle at our home.
    Unsettling, sure. Nothing you can do about it.

    Quote Quoting T.Del
    View Post
    Should she contact her insurance company, or wait for them to contact her?
    She should call her insurance company today. She has knowledge of a claim and her policy requires it.

  8. #8
    Join Date
    Jan 2006
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    38,712

    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Depending on the very precise facts of the incident, her actions could be considered to be the primary cause of the accident. In fact it appears she likely is the primary cause of the accident.

    And how does your wife know the guy didn’t try to slow down? Maybe he did but even that was not enough to avoid hitting somebody that,just pulled out in front of them and had to take further action to avoid a Collision?


    Neither attorneys nor insurance companies make a legal determination of fault or percentage of fault. They make claims. Unless a court agrees with the claim, it doesn’t hold any weight.

    Reprrt this to your imsurance company and don’t talk to anybody but your insurance company about this for the time being.

  9. #9
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    Aug 2017
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    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Quote Quoting jk
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    how does your wife know the guy didn’t try to slow down? Maybe he did but even that was not enough to avoid hitting somebody that,just pulled out in front of them and had to take further action to avoid a Collision?
    This is mainly an assumption on my part based on her description of the incident. Considering the speed limit of that road and the distance she describes between the location of her u-turn and that next wave of traffic, there should have been plenty of time for slowing down. I believe the other driver made the choice to attempt to pass her, rather than sacrificing any of his speed or time. I do think she misjudged the speed of the oncoming traffic, but she did not pull out in front of them at an unsafe distance.

    I do realize this is just my opinion.

  10. #10
    Join Date
    Sep 2017
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    493

    Default Re: Can This Single Vehicle Accident Be Successfully Blamed on Another Driver

    Quote Quoting T.Del
    View Post
    This is mainly an assumption on my part based on her description of the incident. Considering the speed limit of that road and the distance she describes between the location of her u-turn and that next wave of traffic, there should have been plenty of time for slowing down. I believe the other driver made the choice to attempt to pass her, rather than sacrificing any of his speed or time. I do think she misjudged the speed of the oncoming traffic, but she did not pull out in front of them at an unsafe distance.

    I do realize this is just my opinion.
    But, keep in mind, by her initial "opinion" she had enough room to make it, which was not true. She shouldn't have pulled out if there was enough room for her to make it only if every oncoming vehicle slowed down significantly to accommodate her. That's now how driving works. You don't pull out into oncoming traffic with the assumption that everyone will be able to stop themselves from hitting you.

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