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It is almost always the fault of the person who strikes the other vehicle from behind, not the other way around. It takes some extreme circumstance for it to be ruled the fault of the driver who is rear ended. If it were always the fault of the person in front, hundreds of cars on I5 each day would simply plow into the car that just changed lanes 100 ft in front of them and collect fat stacks of insurance cash......
Lot of wishful thinking here.
That being said, there seems to be a theme here that everyone else remotely involved did their jobs extremely poorly, and they are to blame 100% for everything. The truck driver, the insurance agent, etc.
As a former agent, I've sat through a couple thousand policy sales and the vast majority that didn't include collision were because the insured simply didn't want to pay for it. Based on your current premium it probably would have ended up being close to $500 per month, and folks usually say that they'll "add that later".
The wheel traveling 70 yards seems a bit extreme for a 30-35mph collision and that would assume that she didn't brake at all, despite the truck being a fair distance from the corner.
I don't doubt that you desperately want to believe your wife, but it simply looks a bit odd. I'm sure that she's a fantastic person, but there could be a chance that she's stretching things concerning her speed, distractions, etc.
Hopefully she doesn't suffer any permanent injuries. I wish you guys well if this truly isn't her fault.....
The first thing a law firm does is obtain phone records and computer data on the vehicle (s) in question.
Best advice is to NOT educate anyone about any details of any incident except to your Doctor or Lawyer.
If i were the OP i would remove this thread and any others on social media asap, you are only incriminating yourself without representation.
The 250 without collision seems even crazier for that thing.
Not sure about cars, but in a class 8 truck ECM, there is a continuous 3 minute loop of stored data, recording every tidbit of activity going on. Speed to 1/10 of a mph, cruise on or off, brakes on or off, Jakes on and/or active, on and on. As far as trucks go, the info would only likely be accessed in a real serious accident, and the truck was a tow away, involving serious injury or death. Still, it's in there, and a lot of guys these days sure don't drive like it, but they should.
Pit Row
Since you want to prove me wrong try merging on to I-5 abruptly in front of a semi and slamming on your brakes?
I counted multiple places on my rural drive home where even if practicing diligence and driving the speed limit if a truck was stopped in my lane I would probably stand a good chance of hitting it. The white shoulder line is there for a reason. Also, lots of intersections where someone could roll a stop sign and get in front of traffic where being rear ended would be their fault. If this wasnt the case people would be pulling out in front of cars on the regular and cashing checks.....
There are 2 main types of rear end accidents where the person striking the other from behind might have a chance of not being at fault. The first should seem rather obvious. It's when they are also struck from behind and pushed into the car ahead of them.
The second is a bit more subjective. When the car ahead of them changes lanes while simultaneously braking aggressively leaving not enough time for an attentive driver to slow or stop. It certainly doesn't apply to any and all instances of a car pulling out in front of another.
As for your stop sign example, I'm not sure I get that one. If you pull out from a stop sign and turn right or left and immediately stop leaving not enough space for the car behind to stop, they'd have an argument. However if you stop after, or even in, the intersection and are struck by a vehicle that also stopped at the same sign as you did, that'd be difficult to assign fault to the car ahead.
According to both a state police officer and county sherrif that i worked with on my accident. If you pull out into the right of way and cause an accident by impeding the driver in the right of way you havea good chance of being cited. Not my opinionit was theirs. Does this mean everytime? No. Every case is different but again this is why people look before pulling out in traffic. Well, except you I guess.
I eagerly await your next pedantic response where you ignore my obvious points...
Nope, you pull out in front of someone and they rear end you it's 100% your fault (at least in WA state)
So perhaps you may want to sober up before taking anyone to task on their reading abilities.....
As for impeding, that's obviously false. You don't have a right to never need to slow down for traffic in front of you. You'd need to create a situation where it was nearly impossible for an attentive driver to slow or stop to avoid the collision. That obviously is a changing criteria based on vehicles, etc. As scooter has pointed out, reasonable ability to stop and avoid a collision can be quite different between a truck with 80K pounds of cargo and a new Porsche 911 with big disks and ABS.
And get the collision coverage next time.
If you were to go to court and lose you could also be counter sued for attorney fees, dump truck damage, etc.
Post a reply to: Advice? Wife hit a dump truck...