First Accident - hard to look at photos
#31
05-09-2006, 08:47 AM
#32
05-09-2006, 08:52 AM
Originally Posted by Real_G
First off WOW! Glad you made it out unhurt! Its good to see that the G can withstand such impact and keep on rollin.
Now it will be hard to ticket either of you since its your word against his. You also said you drank 2 beers? That is just plain stupid. Drinking and driving is stupid and for idiots. (1 or 10 beers) Since you were traveling the speed limit (So you say) there SHOULD have been enough reaction time. The police should have measured your skid marks and gotten an estimation of your true speed. From my experience, when you hit someone from the back, its your fault, but since you T-boned the other car, its hard to say. You both just may not get a ticket, since there is no conclusive evidence or witness to the events.
Police always say "well you should have had enough time to react if you were going the speed limit" Good luck, and I hope it all works out for you.
Now it will be hard to ticket either of you since its your word against his. You also said you drank 2 beers? That is just plain stupid. Drinking and driving is stupid and for idiots. (1 or 10 beers) Since you were traveling the speed limit (So you say) there SHOULD have been enough reaction time. The police should have measured your skid marks and gotten an estimation of your true speed. From my experience, when you hit someone from the back, its your fault, but since you T-boned the other car, its hard to say. You both just may not get a ticket, since there is no conclusive evidence or witness to the events.
Police always say "well you should have had enough time to react if you were going the speed limit" Good luck, and I hope it all works out for you.
While I agree about drinking and driving being stupid I think you are jumping the gun a bit here.
#33
05-09-2006, 09:03 AM
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First of all, sorry about your accident, i am glad you were okay.
Not trying to make you feel down or anything. But not everyone's ethical in this world, from what you just described the accident, sounds like you are a pretty ethical guy.
However, you still need to prepare yourself in case other person is trying to get away from being at fault or trying to make up stories, since he was injuried which will complicated the case little more. Stories such as you were speeding, there was a long distances between yours and his car before he merged into the lane. your headlights were off, and he didn't see your car. (Sounds ridiculas, but they've happened to people.)
You need to get as much proof as you can, any witnesses at the scene? I would still consult with a lawyer if I were you.
Not trying to make you feel down or anything. But not everyone's ethical in this world, from what you just described the accident, sounds like you are a pretty ethical guy.
However, you still need to prepare yourself in case other person is trying to get away from being at fault or trying to make up stories, since he was injuried which will complicated the case little more. Stories such as you were speeding, there was a long distances between yours and his car before he merged into the lane. your headlights were off, and he didn't see your car. (Sounds ridiculas, but they've happened to people.)
You need to get as much proof as you can, any witnesses at the scene? I would still consult with a lawyer if I were you.
Last edited by G35MC; 05-09-2006 at 09:12 AM.
#34
05-09-2006, 09:43 AM
Originally Posted by Real_G
First off WOW! Glad you made it out unhurt! Its good to see that the G can withstand such impact and keep on rollin.
Now it will be hard to ticket either of you since its your word against his. You also said you drank 2 beers? That is just plain stupid. Drinking and driving is stupid and for idiots. (1 or 10 beers) Since you were traveling the speed limit (So you say) there SHOULD have been enough reaction time. The police should have measured your skid marks and gotten an estimation of your true speed. From my experience, when you hit someone from the back, its your fault, but since you T-boned the other car, its hard to say. You both just may not get a ticket, since there is no conclusive evidence or witness to the events.
Police always say "well you should have had enough time to react if you were going the speed limit" Good luck, and I hope it all works out for you.
Now it will be hard to ticket either of you since its your word against his. You also said you drank 2 beers? That is just plain stupid. Drinking and driving is stupid and for idiots. (1 or 10 beers) Since you were traveling the speed limit (So you say) there SHOULD have been enough reaction time. The police should have measured your skid marks and gotten an estimation of your true speed. From my experience, when you hit someone from the back, its your fault, but since you T-boned the other car, its hard to say. You both just may not get a ticket, since there is no conclusive evidence or witness to the events.
Police always say "well you should have had enough time to react if you were going the speed limit" Good luck, and I hope it all works out for you.
Obviously he passed the breathalizer test so that didn't make a difference at all in his reaction time.
As for going the speed limit, if someone runs right in front of you and your going exactly the speed posted, even in broad daylight, you can't say that there SHOULD be enough reaction time...even if you are going 10 below the speed limit, if someone runs in front of you close enough you will hit them...speed makes no difference in that case. You can't generalize and say if everyone drove the speed limit they should have enough reaction time.
Obviously since the other drivers lights were off, it made it even harder to see him...even if he was going 20mph, he probably would have still hit him, just not as hard.
And there is enough evidence to say whos fault it is...the guy came out of parking lot...he's supposed to yield to oncoming traffic. The only time its hard to tell is at intersections, which was my case when I got into my accident. This however is obviously the other drivers fault.
#35
05-09-2006, 10:05 AM
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Originally Posted by geioushi
Obviously he passed the breathalizer test so that didn't make a difference at all in his reaction time.
As for going the speed limit, if someone runs right in front of you and your going exactly the speed posted, even in broad daylight, you can't say that there SHOULD be enough reaction time...even if you are going 10 below the speed limit, if someone runs in front of you close enough you will hit them...speed makes no difference in that case. You can't generalize and say if everyone drove the speed limit they should have enough reaction time.
Obviously since the other drivers lights were off, it made it even harder to see him...even if he was going 20mph, he probably would have still hit him, just not as hard.
And there is enough evidence to say whos fault it is...the guy came out of parking lot...he's supposed to yield to oncoming traffic. The only time its hard to tell is at intersections, which was my case when I got into my accident. This however is obviously the other drivers fault.
As for going the speed limit, if someone runs right in front of you and your going exactly the speed posted, even in broad daylight, you can't say that there SHOULD be enough reaction time...even if you are going 10 below the speed limit, if someone runs in front of you close enough you will hit them...speed makes no difference in that case. You can't generalize and say if everyone drove the speed limit they should have enough reaction time.
Obviously since the other drivers lights were off, it made it even harder to see him...even if he was going 20mph, he probably would have still hit him, just not as hard.
And there is enough evidence to say whos fault it is...the guy came out of parking lot...he's supposed to yield to oncoming traffic. The only time its hard to tell is at intersections, which was my case when I got into my accident. This however is obviously the other drivers fault.
#36
05-09-2006, 10:59 AM
#37
05-09-2006, 11:29 AM
^^ exactly right. If you said two beers, more two hours before, then you are off the hook. You ARE demonstrating responsible driving - as proven by the breath test.
Real_G > you're a nut talking out his @ss. You have no idea how much reaction time is needed to stop two car lengths going 40 mph.
G35Rick, here's some info for your defense from a forensics engineering firm:
----------------------
Suppose a child darts out in front of us while we are driving down the street. Here the identification - reaction time might be as little as 0.25 sec., but the vehicle response time usually will be on the order of 0.75 sec. This is the time required for the driver to see the stimulus, react to it by hitting the brakes and the time required for the brakes to start to stop the vehicle. This is a value often used by accident reconstructionists but it is frequently optimistic. A 1 sec. vehicle response time - another commonly used value - may be more realistic.
• Times for the above circumstances might be as high as 2 sec. for an older driver under poor lighting conditions. More complicated stimuli or environmental circumstances might make the whole response interval even longer. It is important to remember that the vehicle will be moving at the original speed before the brakes take hold. -1.47 feet per second./ mile/hour
----------------------
So the calculation works out to:
40 mi/hr * 5280 ft/mi * 1/3600 hr/sec = 59 ft/sec till you started braking
You would've covered 30 feet (2 car lengths) in about 1/2 sec. Even if you reacted like you knew it was coming (.25 sec), you would not have been able to avoid it. With his lights out, it's more likely that you hit the brakes *after* hitting him. I wouldn't be surprised if there aren't any skid marks or the skid marks begin at the point of impact.
Real_G > you're a nut talking out his @ss. You have no idea how much reaction time is needed to stop two car lengths going 40 mph.
G35Rick, here's some info for your defense from a forensics engineering firm:
----------------------
Suppose a child darts out in front of us while we are driving down the street. Here the identification - reaction time might be as little as 0.25 sec., but the vehicle response time usually will be on the order of 0.75 sec. This is the time required for the driver to see the stimulus, react to it by hitting the brakes and the time required for the brakes to start to stop the vehicle. This is a value often used by accident reconstructionists but it is frequently optimistic. A 1 sec. vehicle response time - another commonly used value - may be more realistic.
• Times for the above circumstances might be as high as 2 sec. for an older driver under poor lighting conditions. More complicated stimuli or environmental circumstances might make the whole response interval even longer. It is important to remember that the vehicle will be moving at the original speed before the brakes take hold. -1.47 feet per second./ mile/hour
----------------------
So the calculation works out to:
40 mi/hr * 5280 ft/mi * 1/3600 hr/sec = 59 ft/sec till you started braking
You would've covered 30 feet (2 car lengths) in about 1/2 sec. Even if you reacted like you knew it was coming (.25 sec), you would not have been able to avoid it. With his lights out, it's more likely that you hit the brakes *after* hitting him. I wouldn't be surprised if there aren't any skid marks or the skid marks begin at the point of impact.
#38
05-09-2006, 12:54 PM
Thanks for all the flames!
I stated my opinion.. Drinking (any amount IMO) and driving is STUPID! and I'll stand by it. I didnt read the part about the 2 hrs earlier (sorry, Ill read slower next time), personally, I still wont drive if I have consumed alchohol.. thats just me.
We only know his side of the story, so we cant say who is truly at fault. Also PROVING that the guy had his lights off at 2am is going to be hard without witnesses. Pretty much its up to the accident investigation team, and what they think.
Like I said earlier, Im glad you came away without a scratch and the car took the punishment!
I stated my opinion.. Drinking (any amount IMO) and driving is STUPID! and I'll stand by it. I didnt read the part about the 2 hrs earlier (sorry, Ill read slower next time), personally, I still wont drive if I have consumed alchohol.. thats just me.
We only know his side of the story, so we cant say who is truly at fault. Also PROVING that the guy had his lights off at 2am is going to be hard without witnesses. Pretty much its up to the accident investigation team, and what they think.
Like I said earlier, Im glad you came away without a scratch and the car took the punishment!
#39
05-09-2006, 01:09 PM
Yeah it sounds like it is his fault. His car was hit on the driver side and not even the back bumper. He had to yield to on coming traffic. You did not get a ticket so likely not your fault. I guess the cop couldn't really give the other guy a ticket because he was taken to the hospital. Glad you are ok and hopefully the other guy too!
#40
05-09-2006, 01:23 PM
Originally Posted by Real_G
The police should have measured your skid marks and gotten an estimation of your true speed.
he may have not even hit the brakes, so at an evne 40mph that pretty much exactly what you'd expect to see. Ever see the crash tests they perfrom, the car being hit at 40mph get crushed pretty darn good(even the good cars)
#42
05-09-2006, 01:38 PM
Originally Posted by Real_G
Thanks for all the flames!
personally, I still wont drive if I have consumed alchohol.. thats just me.
personally, I still wont drive if I have consumed alchohol.. thats just me.
I don't understand. So you would never drive again? If the alcohol has had time to leave his system, in this case 2 hours, it doesn't matter if you wait 2 hours or 48 hours b/c the result will be the same.
#43
05-09-2006, 02:18 PM
Originally Posted by jersey-G
I don't understand. So you would never drive again? If the alcohol has had time to leave his system, in this case 2 hours, it doesn't matter if you wait 2 hours or 48 hours b/c the result will be the same.
Understand now?
#44
05-09-2006, 02:22 PM
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Thanks for all the great information and feedback...makes me feel a little better, but man you have to see the stomach bruises and neck abrasions...and yeah, it feels like I've been in a fight and lost...
To answer some of the questions, I know drinking and driving is stupid, but 2 beers and waiting two hours before driving again...and mind you, the two beers were split over an hour and yeah....I know some of the boys are saying "put a nipple on my bear because I was babying it"
Okay so here's the update and to be fair to the other guy here is his statement from the police report:
"The Driver of the Camry stated that he was driving to Cupertino to go home after leaving his girlfriends house in Fremont. The driver was very tired and decided to drive into the parking lot of a business building and go to sleep for awhile. After sleeping for an inknown amount of time, he was awakened by a security guard who told him he had to leave the parking lot. The driver said that it was possible he may have fallen asleep again, at the wheel, after he left the parking lot. The driver does not remember if he had turned on his headlights or what street the accident occurred on. The driver stated that he does not drink alcohol."
And here's the most important statement from the police report:
CAUSE: The driver of the Camry caused the accident in that he entered the roadway from a private driveway without yielding to oncoming traffic (21804(a) CVC).
Oh yeah, and the police report stated that the street light was out above where the accident took place...so even more information in my favor.
So now everyone can see both sides of the story and hopefully it'll shed some light on exactly what happened that night...and I'm releived it was not my fault, but it's disappointing that I could avoid the accident. If he at least had his headlights on or the street light was working, I think I could have avoided it....but oh well, things happen for a reason.
So the real question is, how should I best handle the insurance claim? Should I contact his insurance (State Farm) myself versus me having to pay my deductible and me only getting $25 a day for my rental with my company versus a "like" model from State Farm?
Thoughts or suggestions, experiences?
Once again, thanks everyone for responding and providing your feedback!
Rick
To answer some of the questions, I know drinking and driving is stupid, but 2 beers and waiting two hours before driving again...and mind you, the two beers were split over an hour and yeah....I know some of the boys are saying "put a nipple on my bear because I was babying it"
Okay so here's the update and to be fair to the other guy here is his statement from the police report:
"The Driver of the Camry stated that he was driving to Cupertino to go home after leaving his girlfriends house in Fremont. The driver was very tired and decided to drive into the parking lot of a business building and go to sleep for awhile. After sleeping for an inknown amount of time, he was awakened by a security guard who told him he had to leave the parking lot. The driver said that it was possible he may have fallen asleep again, at the wheel, after he left the parking lot. The driver does not remember if he had turned on his headlights or what street the accident occurred on. The driver stated that he does not drink alcohol."
And here's the most important statement from the police report:
CAUSE: The driver of the Camry caused the accident in that he entered the roadway from a private driveway without yielding to oncoming traffic (21804(a) CVC).
Oh yeah, and the police report stated that the street light was out above where the accident took place...so even more information in my favor.
So now everyone can see both sides of the story and hopefully it'll shed some light on exactly what happened that night...and I'm releived it was not my fault, but it's disappointing that I could avoid the accident. If he at least had his headlights on or the street light was working, I think I could have avoided it....but oh well, things happen for a reason.
So the real question is, how should I best handle the insurance claim? Should I contact his insurance (State Farm) myself versus me having to pay my deductible and me only getting $25 a day for my rental with my company versus a "like" model from State Farm?
Thoughts or suggestions, experiences?
Once again, thanks everyone for responding and providing your feedback!
Rick
#45
05-09-2006, 02:53 PM
Originally Posted by G35Rick
Thanks for all the great information and feedback...makes me feel a little better, but man you have to see the stomach bruises and neck abrasions...and yeah, it feels like I've been in a fight and lost...
To answer some of the questions, I know drinking and driving is stupid, but 2 beers and waiting two hours before driving again...and mind you, the two beers were split over an hour and yeah....I know some of the boys are saying "put a nipple on my bear because I was babying it"
Okay so here's the update and to be fair to the other guy here is his statement from the police report:
"The Driver of the Camry stated that he was driving to Cupertino to go home after leaving his girlfriends house in Fremont. The driver was very tired and decided to drive into the parking lot of a business building and go to sleep for awhile. After sleeping for an inknown amount of time, he was awakened by a security guard who told him he had to leave the parking lot. The driver said that it was possible he may have fallen asleep again, at the wheel, after he left the parking lot. The driver does not remember if he had turned on his headlights or what street the accident occurred on. The driver stated that he does not drink alcohol."
And here's the most important statement from the police report:
CAUSE: The driver of the Camry caused the accident in that he entered the roadway from a private driveway without yielding to oncoming traffic (21804(a) CVC).
Oh yeah, and the police report stated that the street light was out above where the accident took place...so even more information in my favor.
So now everyone can see both sides of the story and hopefully it'll shed some light on exactly what happened that night...and I'm releived it was not my fault, but it's disappointing that I could avoid the accident. If he at least had his headlights on or the street light was working, I think I could have avoided it....but oh well, things happen for a reason.
So the real question is, how should I best handle the insurance claim? Should I contact his insurance (State Farm) myself versus me having to pay my deductible and me only getting $25 a day for my rental with my company versus a "like" model from State Farm?
Thoughts or suggestions, experiences?
Once again, thanks everyone for responding and providing your feedback!
Rick
To answer some of the questions, I know drinking and driving is stupid, but 2 beers and waiting two hours before driving again...and mind you, the two beers were split over an hour and yeah....I know some of the boys are saying "put a nipple on my bear because I was babying it"
Okay so here's the update and to be fair to the other guy here is his statement from the police report:
"The Driver of the Camry stated that he was driving to Cupertino to go home after leaving his girlfriends house in Fremont. The driver was very tired and decided to drive into the parking lot of a business building and go to sleep for awhile. After sleeping for an inknown amount of time, he was awakened by a security guard who told him he had to leave the parking lot. The driver said that it was possible he may have fallen asleep again, at the wheel, after he left the parking lot. The driver does not remember if he had turned on his headlights or what street the accident occurred on. The driver stated that he does not drink alcohol."
And here's the most important statement from the police report:
CAUSE: The driver of the Camry caused the accident in that he entered the roadway from a private driveway without yielding to oncoming traffic (21804(a) CVC).
Oh yeah, and the police report stated that the street light was out above where the accident took place...so even more information in my favor.
So now everyone can see both sides of the story and hopefully it'll shed some light on exactly what happened that night...and I'm releived it was not my fault, but it's disappointing that I could avoid the accident. If he at least had his headlights on or the street light was working, I think I could have avoided it....but oh well, things happen for a reason.
So the real question is, how should I best handle the insurance claim? Should I contact his insurance (State Farm) myself versus me having to pay my deductible and me only getting $25 a day for my rental with my company versus a "like" model from State Farm?
Thoughts or suggestions, experiences?
Once again, thanks everyone for responding and providing your feedback!
Rick
His insurance company should pay for everything including the rental, and you shouldn't pay any deductible or anything. I've heard some people contact their own insurance company when it wasn't their fault, and others that didn't and just dealt directly with the other drivers insurance...maybe someone else can shed some more light on this...I know one of my friends didn't call his insurance when his G was hit, and dealt with the insurance of the person at fault.
Good Luck!