Hey guys. I've had my 6MT Diamond Graphite g35 for about 5 months. It had less than 5000 miles on it. Today, I was making a left turn onto a major street when a BMW 325ci going about 50mph completely runs the yellow light which is about to turn red and totals my car. I started making the turn before he was even near the intersection. It was a 16 year old kid who was driving his friend, even though he hasnt had his license for 6 months. The accident was completely his fault and he knew it, as he started breaking down and crying after he realized the trouble he was in with his parents. When I told the story to the cop, he told me no matter what the circumstances, the accident is my fault since I was making a left turn, even if the kid basically ran a red and was speeding. Although this has been my first major accident, I find this hard to believe. I thought I'd ask the opinions of the more experienced drivers out there. Any advice/opinions would be greatly appreciated.

 

I believe the cop is right. There are many more laws that can screw you. For instance, it doesnt matter where a pedestrian is or if he is jay walking or not, it is your fault if you hit him. Also, if you rear end anyone for any reason even if he brakes for absolutely nothing at all, it is your fault. You might be able to fight it in court, though you should get the advice of an attourney to see if you have a chance at all of winning the case.

Im still waiting for my car to come out of the shop after a gay accident and its kiling me. At least you'll get a new car through your insurance. Hopefully.

2004 G35 Coupe 6MT | OB/Black
Premium | Aero | Splash Guards | XM
Z Tube | Pop Charger
Helix Test Pipes
Unorthodox Crank Pulley
Injen SES
DC Sports Headers

 

Sorry to hear about your car and situation.
So what the cop is saying is that even if the kid was drunk or
was high on drugs or having sex with his boyfriend in the
front seat of his BMW, you are still to blame? That makes
no sense. He said "no matter what circumstances," right?


2004 G35C 6MT Brilliant Silver
S-Tech front / Pro-kit rear / Stillen Camber Rods / Stillen Rear Swaybar

 

same situation here. i was making a left turn onto a main road and by law the through road has the right of way, so im probably screwed (no word from insurance yet). the guy who crashed into me was doing 40+ mph in a school zone with blind spots from a line of parents picking up kids and a road curving around a hill.

 

well were you almost clear of the intersection when he hit you? where exactly did he hit you? on the side or towards the rear of the car? I mean if he hit you towards the rear of your car or on your way out of the intersection then you can maybe argue that he wasn't paying attention...

i assume there wasn't a left turn signal? cuz if there was maybe you can argue that it was on when he ran the red... i dunno though, best case maybe your insurance will pay for yours and his pays for his...

------------
Tom

 

I can't be certain about the wording of the law in other states, but in Cali, the only stpilaton for a red light is that you must enter the intersection before the light turns red. But the light is not as much the factor. When pulling out of a driveway or side street where the traffic on the street you are turning onto has the right-of-way, you have the duty to yield to all traffic that might be considered a danger. Speed has been an argument for comparative-negligence(depending on negligence lasws in your state as well), but in most cases it is rather weak. Especially when it comes to speed. Questions that come to mind. Did you see him before the accident? If so, why were you not able to judge his speed and determine it was not safe to pull out in front of him? Or if you didn't see him, why not? Did you look? And how do you know he was speeding if you didn't see him? You'll find a lot of these question ends up leading ultimately to the person pulling out onto the street to being at fault. To find Comparative negligence in a situation like this is not easy. It can be argued on speculation, but in the end, quite hard to prove in arbitration or in court. And even if you could prove some amount of comp-neg, you'ld probably still take most of the liabiity since you had the greater duty to yield to the traffic on the street.

 

Being drunk in that of itself is not a cause of an accident. Nor is it even contributory in negligence. The actions and decisions you make while intoxicated are a cause. Being on a cell phone, is also not a cause of an accident. If you are unable to control your car, or perhaps not paying attention as a result of cell phone usage, perhaps, but cell phone usage by itself is not sufficient causation.

 

This is an argument of avoidance. Again, hard to prove. It would have to be proven by the other person's own admission or by a credible witness account. Where a car hits yours or how far across the street you got can simply be a matter of timing. You have to look at all the conditions that existed to make a really good determination of fault.

 

im sorry to hear this..

why are soo many G"s being hit these days???

my car , kyosho, steve.. etc.. damn,, my car still hasnet been worked on. its been a month of insurance bull [censored]..

goodluck with you case., get a laywer. its a must !!

 

"Also, if you rear end anyone for any reason even if he brakes for absolutely nothing at all, it is your fault. "

I'm not sure about this. I attended a road safety talk given by the county police chief and I asked a similar question. He said that the car in front have to proof that there was a need to jump on his brakes. An animal crossing the road is not a good reason. What would be is a human being that was crossing the road. I'm in Az so laws might differ.

 

Sorry to hear your story but what others have said are correct. Ultimately the fault will be on you. Unless you have strong, undisputable evidence that he was negligent. When you are making a left without a left turn signal you always have to yield to straight away traffic. Even if he ran a red which means you are running an red as well but that case I believe fault is 50/50. It sucks living in major cities without these left turn signals sometimes you just have to take a risk.

<blockquote><font class="small">In reply to:</font><hr>

"Also, if you rear end anyone for any reason even if he brakes for absolutely nothing at all, it is your fault. "

I'm not sure about this. I attended a road safety talk given by the county police chief and I asked a similar question. He said that the car in front have to proof that there was a need to jump on his brakes. An animal crossing the road is not a good reason. What would be is a human being that was crossing the road. I'm in Az so laws might differ.


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The officer is correct. He can't stop for no reason but its going to be hard to prove he slammed on the brakes for no reason. Most accidents there are no witness or people don't care to stop. So in the end its your words against his but since the evidence is you rear ended him therefore usually you are going to be at fault

 

Hold on a second............if this was a stoplight and he (the BMW) was running a yellow/almost red, how were you already in the intersection? Your green light would have been after the BMW's red light + a delay? In not way do I mean to place any blame, but this makes no sense if it were a stoplight Here is Cali, there is always a delay after a red, so he (the BMW) would have been through the intersection already and only something more amazing than a "freak of nature" would have allowed for him (the BMW) to hit you, no matter where it was on your car? I am baffled!


MODS on the way! B&M short shifter and Brembo cross drilled rotors, will have installed within a couple of weeks

 

boost i feel ya

shouldnt they have started the repair already? my estimate came out 3 days after the accident and they began working on it the next day. I'm going to go check up on it this friday, theyre letting me visit twice a week.

Oddly, in the front bumper section of the estimate, they included a front lip (i didnt have that before :x)

and since my original bumper had holes drilled for the license plate, i guess ill have a perfectly clean one soon. on another note, having no car makes it alot easier to focus on college applications, sadly -_-

 

on the bright side. maybe now you can get an 05


Current Car: 02 Altima 3.5 5spd
Future Car: 05 G35 6spd