I have had the worst day of my life. Some 60 year old women driving a buick slammed into my car going 50 miles an hour today. You want to hear the messed up part? The police said I was at fault! Here's the story I was pulling out of my driveway to make a left, I looked both ways, and WHAM as soon as I started to turn this lady comes flying down the hill and hits my left side of my car, spinning me around and destroying my whole entire front end of my car. But I got a ticket for failing to yield!!!!!! You all have got to keep in mind that I have been pulling out of this driveway for 4 years now, I know what I am doing. Damage: Although I haven't had an inspector look at it yet, I know what's up. -both fenders -right wheel (my 18" drag wheel!) -my whole entire blitz front bumper was ripped off, spreading fiber glass everywhere -both headlights were hanging off my car, every single bulb shattered in them (including my blue ones) -radiator is destroyed -hood is buckeled -engine block is cracked -transmission is screwed -plastics under my hood are completly destoyed -my injen Intake is smashed!!! not just the filter either -my windows, door locks, cd player will not work AND THIS IS MY FAULT????
And get this, as the cop hands me the ticket he says, "this is what happens when a buick hits a honda." IT'S A TOYOTA YOU JERK OFF!!!!!!
Last edited by celicagirl7484; Sep 5, 2004 2:26pm.
HOW IS IT MY FAULT, I LOOKED RIGHT...LEFT...RIGHT...LEFT? I KNOW THAT CARS FLY ON MY ROAD SO WHY THE HELL WOULD I PULL OUT OF THERE WITHOUT LOOKING???? THE POINT IS THAT SHE WAS SPEEDING, BECAUSE IF SHE WASN'T I WOULD HAVE SEEN HER. WHERE I LIVE THERE IS A HILL, ONE DRIVEWAY AND THEN MINE...SHE WAS NOT IN MY VIEW AT ALL WHEN I STARTED TO PULL OUT. AND SHE TOLD THE POLICE THAT SHE DIDN'T SEE ME, THAT'S WHY SHE DIDN'T BRAKE OR SWERVE?!! IF YOU CAN'T SEE A CAR THAT'S SUPER WHITE IN THE MIDDLE OF THE DAY YOU HAVE SOMETHING WRONG WITH YOU. SHE WAS SPEEDING AND OBVIOULSY NOT PAYING ATTENTION TO THE ROAD OR SHE WOULD HAVE SEEN ME.
Last edited by celicagirl7484; Sep 5, 2004 2:39pm.
yah it is technically your fault but still I do agree the other car should be at fault for speeding judging by the damage of your car the cops shoul dbe able to tell the old woman was speeding
Yeah I have pictures, im just waiting to get them developed. If it would have been the other way around and she was pulling out of her driveway and I hit her, I would have been at fault. It is my age and my car that made the cop such an ass.
Yeah I am definetly fighting it! I think I am ok, I mean I didn't go to the hospital, but my head hurts really really bad. I think it's just the shock and sadness.
HOW IS IT MY FAULT, I LOOKED RIGHT...LEFT...RIGHT...LEFT? I KNOW THAT CARS FLY ON MY ROAD SO WHY THE HELL WOULD I PULL OUT OF THERE WITHOUT LOOKING???? THE POINT IS THAT SHE WAS SPEEDING, BECAUSE IF SHE WASN'T I WOULD HAVE SEEN HER. WHERE I LIVE THERE IS A HILL, ONE DRIVEWAY AND THEN MINE...SHE WAS NOT IN MY VIEW AT ALL WHEN I STARTED TO PULL OUT. AND SHE TOLD THE POLICE THAT SHE DIDN'T SEE ME, THAT'S WHY SHE DIDN'T BRAKE OR SWERVE?!! IF YOU CAN'T SEE A CAR THAT'S SUPER WHITE IN THE MIDDLE OF THE DAY YOU HAVE SOMETHING WRONG WITH YOU. SHE WAS SPEEDING AND OBVIOULSY NOT PAYING ATTENTION TO THE ROAD OR SHE WOULD HAVE SEEN ME.
First of all, no need to yell.
Secondly, it doesn't matter if she didn't see you, she has the right of way.
She can be speeding, and not paying attention. She has the right of way, you do not. You were entering the roadway from a sidestreet/driveway, therefore you must yield to all oncoming traffic.
Plain and simple.
To have played and laughed with enthusiasm and sung with exultation To know even one life has breathed easier This is to have succeeded.
The law is clear, and the officer wrote the right person the ticket. It's understandable that you are mad, and I'm sorry about your car, but the law says you are at fault. Unless the lady did something criminally wrong, i.e. DUI, you will lose the court case and the pending insurance arbitration.
Sorry.
To have played and laughed with enthusiasm and sung with exultation To know even one life has breathed easier This is to have succeeded.
Ok jerk, my car was just totalled, you don't need to be mean about it. I am just pissed because the thing I have spent all my money and time on for the past 2 years is gone. Sorry don't need to hear more people blaming it on me
Ok jerk, my car was just totalled, you don't need to be mean about it. I am just pissed because the thing I have spent all my money and time on for the past 2 years is gone. Sorry don't need to hear more people blaming it on me
I'm not being mean, I'm pointing out that the cop didn't give you a ticket for your age and your car, he gave you a ticket because you were at fault.
If you don't want to hear people blame something on you which you were at fault for, don't post it.
BTW, I said I was sorry about your accident.
To have played and laughed with enthusiasm and sung with exultation To know even one life has breathed easier This is to have succeeded.
You could argue that, but it will always fall back on right of way.
PA is a comparative negligence state, so this is what could happen:
She sues the lady for damages. The statute states, "that when a plaintiff is guilty of contributory negligence and that negligence was not greater than the defendant's negligence, the plaintiff's damages will be diminished in proportion to his negligence in causing the accident."
It would be up to a judge/jury/arbitration board to decide whether the other lady had any contributing negligence. Since she was speeding, maybe that could be an angle. However, without a ticket being written for negligent driving/speeding, it will be hard to prove she was. You'd need to get a body shop to testify to the extent of the damage based on the speed limit of the road. Often they can figure that out to within 5-10mph.
However, the other lady only has to prove one thing: She had the right of way, and celicagirl failed to yield.
It's a pretty clear cut case, but if you can prove she was speeding (I am assuming she didn't get a ticket) then you can prove she has contributory negligence, and she will be liable for a portion of your damages.
To have played and laughed with enthusiasm and sung with exultation To know even one life has breathed easier This is to have succeeded.
Yeah, you might want to take a picture of the view you have pulling out (to the hill-side). And also, what is the posted speed limit on that street?
(EDIT): I mean, when you go to fight the ticket/at fault..ness.
If you don't have a good enough view, and can prove she was speeding by a significant margin, maybe you can get them to rule that there's no way you could have had enough time to react, or something.
Yeah, I agree with Diablo. I don't mean to be mean either, and I'm sorry about your accident...I understand 100%.
I had an accident just like that. I was pulling out of a street into traffic...looked both ways...then proceeded to pull out, when out of nowhere (well..obviously not nowhere...I just didn't see it) a damn Cadillac came flying up the road and hit me. Sucked.
In fact...the people sued my ass for $250,000.
*Wendy* 2003 Super White Celica GT-S 6-Speed If the world didn't suck, we'd all fall off
Ok jerk, my car was just totalled, you don't need to be mean about it. I am just pissed because the thing I have spent all my money and time on for the past 2 years is gone. Sorry don't need to hear more people blaming it on me
I'm not being mean, I'm pointing out that the cop didn't give you a ticket for your age and your car, he gave you a ticket because you were at fault.
If you don't want to hear people blame something on you which you were at fault for, don't post it.
BTW, I said I was sorry about your accident.
i'm afraid DiabloGTS is right. the woman in the buick maybe speeding but she has the right of way. this appylies to all states.
had you turned right and aligned yourself to the road THEN she had rear ended you then things would have been different. she would have gotten a ticket for not gauging the distance and reckless driving...but since you were turning left it was obvious your were merging into traffic...
you can fight it if you can. but don't be surprised if the judge rules against you for the simple fact that she had the right of way.
sorry to hear sucks i know wrecking a beautiful car like that, but you are still alive. hey, at least the womans old and will probaly die soon anyway. (just tryin to cheer ya up).
That may be the law, but if you take it before a jury, it may not matter. You don't have to convince a judge, you have to convince a jury. Get pictures, get estimates of damages, get the state's investigator's report (if one was not made, ask for one, they'll send an investigator to see what happened when). You have a chance, although a slim one. Glad you're okay though.
Well, if you have good records in the past.. (ex. no speeding tickets etc) You can talk about that to the judge and maybe something might work out for you.
I have nothing on my record at all, no tickets, accidents, nothing! I am not even worried about fighting the ticket, it's not that much I just want my car back! It just makes me so upset that my car is totaled and she has a flat tire and the front bumper is smashed a little on the right side. I have been having the worst luck lately and this is just more fuel to the fire I guess. I feel like I've lost a child or something . Sorry about being a b**ch Diablo, I am just not in the best of moods right now. Pictures should be up on Monday.
I have nothing on my record at all, no tickets, accidents, nothing! I am not even worried about fighting the ticket, it's not that much I just want my car back! It just makes me so upset that my car is totaled and she has a flat tire and the front bumper is smashed a little on the right side. I have been having the worst luck lately and this is just more fuel to the fire I guess. I feel like I've lost a child or something . Sorry about being a b**ch Diablo, I am just not in the best of moods right now. Pictures should be up on Monday.
Understandably so, I'd be just as pissed.
But, bitching about the cop is the wrong way to do things, we just writes tickets based on the law. The only angle you can work is that she was speeding, since PA is a contributory negligence state.
If you need to, talk with or get a lawyer to help. You will lose arbitration, so sue before her insurance company gets a chance to get it to arbitration.
To have played and laughed with enthusiasm and sung with exultation To know even one life has breathed easier This is to have succeeded.
If i were to part out my car would anyone be interested in the following: -Trd Exhaust -Stock Seats -faze air fuel ratio and oil pressure gauges -painted center with gauges mounted in it -trd wing painted white -Trd sides painted white -blitz Urethane front bumper not yet painted -stock wheels with tires great for winter -at least 3 18" Drag Wheels (not sure if the 4th is ok or not) -4 kuhmo ecsta tires -stock radio -stock Intake -stock exhaust -4 17" yokahama tires with team dynamics rims painted blue -stock taillights -stock foglights(were not on the car when the accident happened) -stock wing -S2K antenna
Last edited by celicagirl7484; Sep 5, 2004 9:21pm.
damn man this really sucks, things happen for a reason, who knows maybe you can get an other car, or something i dont know. i feel ur pain dawg, and i hope you can pull thru, hope shit goes good for you homie and RIP CELICA
the same thinbg happent to me 1 month ago i was looking both ways sevral times when i started to drive this bi#%" came fast ass hell out of no were and honked at me i had to drive with my rigth wheel down in the grass and stop i got so pissed
But, bitching about the cop is the wrong way to do things, we just writes tickets based on the law. The only angle you can work is that she was speeding, since PA is a contributory negligence state.
God damn!! I would have to say that this is a prime of example of the law being an ASS n:
Not blaming the police in general, they should be free to use a measure of their own judgement in each case, not having to stick to something that is obviously unsuitable for every scenario they encounter.. but as for the cop saying "That's what happens when a Buick hit's a <insert foreign car here>" well that's just bloody out of order and uncalled for. Maybe we should all drive trucks or Hummers just to destroy the environment a little quicker and make sure there are more pedestrian road fatalities!!
THIS SUCKS BIG TIME!!
(Big hugs from England, make sure your next Celica is even better!! xx)
the law fawks with us sometimes, but at least ur ok..i lost my celi in july and i feel your pain lots of money and time just gone, but don't worry at least you had it..good luck with your situation things will get better!
sorry to hear sucks i know wrecking a beautiful car like that, but you are still alive. hey, at least the womans old and will probaly die soon anyway. (just tryin to cheer ya up).
Thats a fucked up thing to say man. Would you have the same outlook if she was your mother?
"They don't make no seatbelt for the mind. So I can't buckle up for this ride!"
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...hmm perhaps one of the drawbacks from the whole F&F and rice cars ...
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