SH*T.. I got into a veh vs. ped(2x) accident today..

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Kaspian

Golden Member
Aug 30, 2004
1,713
0
0
Originally posted by: mwmorph
Originally posted by: steppinthrax
Originally posted by: TheGoodGuy
Originally posted by: Linflas
I know i am at fault, i know that.. i am going to get sued, so i raised my limits for liability to 300/300 just after i got in to work.

Good luck with that, I don't think it will cover you retroactively.

well lets hope it does..

Was this a black or white woman. If black you will never see a red penny in your name

LMAO.

Dude, WTF?

 

steppinthrax

Diamond Member
Jul 17, 2006
3,990
6
81
Originally posted by: TheGoodGuy
Originally posted by: mugs
Originally posted by: steppinthrax

Was this a black or white woman. If black you will never see a red penny in your name

LMAO.

What? :confused:

She was african american (black).

I remember I was serving Jury duty for a case a couple of years ago. It was a simple simple bumper kiss where this white old lady hit this African American woman. The person hit recieved a "supposed" small bruse on her knee from the knee bolster panel under the steering wheel. Well she got a doctor in there to say she got much more then that. It was later relized from the defence (thank god) that the evidence as to her damage was inconclusive. So all that was documented was her bruse. All the other neck pain and back pain and Physical Therapy she got and wanted money for was thrown out.

She was suing for:

Loss pay (nurse assistant) = Stayed home two months.
Pain and Suffering = $15,000
Medical Bills (including PT and other services) = $5,000

We returned only gave her about $150.00 (more then enough for some bandaids from walmart).

 

AgaBoogaBoo

Lifer
Feb 16, 2003
26,107
4
81
Originally posted by: shinerburke
Originally posted by: Sphexi
You aren't necessarily going to get sued, not EVERYBODY in the world is a complete douche. If it was an accident, and she wasn't hurt, there's a decent chance they'll be happy with your insurance paying their medical bills and leave it at that.
Yeah right...this is America. Land of the free, home of the "I gotta get paid" lawsuit.
It's not nearly as bad as people make it out to be - can you give me an example of this? Most people think of the McDonald's coffee incident, but if you look at what happened, she was in the right entirely. It's not like the courts are letting people steal money from corporations for nothing at all.
 

AMCRambler

Diamond Member
Jan 23, 2001
7,701
26
91
Well it sounds like you got very lucky. I can see how easily this could happen though. I rear ended a car that was stopped because the sun was reflecting off the lenses of the brake lights. You couldn't see the brake lights come on and like an idiot I was distracted that morning. By the time I realized their car was stopped, I couldn't stop in time and scuffed the crap outta their bumper. Fortunately they were very cool and let me pay them out of pocket to get it fixed. I was in college and couldn't afford the insurance hike that would have ensued. It sounds like you've got your act together and by being in contact with the person and the police you can stay on top of the situation. It also sounds like at worst the woman has a bruised leg. Thank god you didn't run over her or her child. That would have been just awful.
 

Sphexi

Diamond Member
Feb 22, 2005
7,280
0
0
Originally posted by: BlinderBomber
Originally posted by: mugs
Wait - did you have a green light or not? :confused:

In many states pedestrians always have the right of way.

On posted sidewalks usually, if there's no sign telling traffic that the sidewalk is there, or if the pedestrians have signals of their own (crosswalk lights) to follow, then the traffic has the right of way.
 

shiner

Lifer
Jul 18, 2000
17,116
1
0
Originally posted by: AgaBoogaBoo
Originally posted by: shinerburke
Originally posted by: Sphexi
You aren't necessarily going to get sued, not EVERYBODY in the world is a complete douche. If it was an accident, and she wasn't hurt, there's a decent chance they'll be happy with your insurance paying their medical bills and leave it at that.
Yeah right...this is America. Land of the free, home of the "I gotta get paid" lawsuit.
It's not nearly as bad as people make it out to be - can you give me an example of this? Most people think of the McDonald's coffee incident, but if you look at what happened, she was in the right entirely. It's not like the courts are letting people steal money from corporations for nothing at all.


Well...several months ago there was a lawsuit here where a woman who while filling up with gas forgot and drove off with the nozzle still in her tank. She refused to pay for the damages and counter sued the gas station because the directions on the pump only said

Lift nozzle
Place nozzle in tank
Select grade
Raise lever to start filling

and didn't say anything about taking the nozzle back out of your car when you are finished filling the tank.

The gas station won their case for repairs to the pump, but she won $10,000 for damage to her vehicle plus mental stress(or something like that)
 

hanoverphist

Diamond Member
Dec 7, 2006
9,928
23
76
Originally posted by: Sphexi
Originally posted by: BlinderBomber
Originally posted by: mugs
Wait - did you have a green light or not? :confused:

In many states pedestrians always have the right of way.

On posted sidewalks usually, if there's no sign telling traffic that the sidewalk is there, or if the pedestrians have signals of their own (crosswalk lights) to follow, then the traffic has the right of way.

in az, as far as ive been told by cops, pedestrians have the right of way even if they are doing something illegal. their whole justification for this was that pedestrians are very squishy and cars will kill them. the traffic school teacher (retired judge) told the class "look where youre going, even if the pedestrian isnt. if you hit them, its your fault"
 

AMCRambler

Diamond Member
Jan 23, 2001
7,701
26
91
Originally posted by: TheGoodGuy
Originally posted by: mugs
Wait - did you have a green light or not? :confused:

Unmarked intersection crossing.. NO STOP Signs on my way.. (east/west bound) stop signs on
North/South

When you say it's unmarked, there are no lines painted on the road either? I don't think that's considered a cross walk then. That doesn't help any when it comes to hitting a pedestrian. They always have right of way supposedly. If they were jay walking though then that might be something in your favor if they are litigious.
 

AgaBoogaBoo

Lifer
Feb 16, 2003
26,107
4
81
Originally posted by: shinerburke
Originally posted by: AgaBoogaBoo
Originally posted by: shinerburke
Originally posted by: Sphexi
You aren't necessarily going to get sued, not EVERYBODY in the world is a complete douche. If it was an accident, and she wasn't hurt, there's a decent chance they'll be happy with your insurance paying their medical bills and leave it at that.
Yeah right...this is America. Land of the free, home of the "I gotta get paid" lawsuit.
It's not nearly as bad as people make it out to be - can you give me an example of this? Most people think of the McDonald's coffee incident, but if you look at what happened, she was in the right entirely. It's not like the courts are letting people steal money from corporations for nothing at all.


Well...several months ago there was a lawsuit here where a woman who while filling up with gas forgot and drove off with the nozzle still in her tank. She refused to pay for the damages and counter sued the gas station because the directions on the pump only said

Lift nozzle
Place nozzle in tank
Select grade
Raise lever to start filling

and didn't say anything about taking the nozzle back out of your car when you are finished filling the tank.

The gas station won their case for repairs to the pump, but she won $10,000 for damage to her vehicle plus mental stress(or something like that)
It could have probably been avoided if the gas station admitted to their mistake and said to not worry about it.

I understand what you're saying, but she was right, and so I think that if the gas station didn't sue her for the mistake, she wouldn't have had counter sued for damages to her vehicle and mental stress.

I don't remember exact numbers, but in incidents like the Mcdonald's coffee case, the coffee was shown to be *very* hot, beyond what it should be. It caused burns to her that she had to be hospitalized for, which came to $10k or something, but they refused to pay. It kept escalating and became much more eventually. I blame the corporation, not the consumer.
 
Oct 9, 1999
15,218
3
81
Originally posted by: AMCRambler
Originally posted by: TheGoodGuy
Originally posted by: mugs
Wait - did you have a green light or not? :confused:

Unmarked intersection crossing.. NO STOP Signs on my way.. (east/west bound) stop signs on
North/South

When you say it's unmarked, there are no lines painted on the road either? I don't think that's considered a cross walk then. That doesn't help any when it comes to hitting a pedestrian. They always have right of way supposedly. If they were jay walking though then that might be something in your favor if they are litigious.

Yup no painted lines.. nothing.. Infact only recently did LA City put in those 'ramps' for disabled, so that people can take their wheelchair across the intersection.

Its a legal intersection just no marked either side going East or West.. no lines nothing. On the North/South teh stop signs have a line marked on them.

 

shiner

Lifer
Jul 18, 2000
17,116
1
0
Originally posted by: AgaBoogaBoo
Originally posted by: shinerburke
Originally posted by: AgaBoogaBoo
Originally posted by: shinerburke
Originally posted by: Sphexi
You aren't necessarily going to get sued, not EVERYBODY in the world is a complete douche. If it was an accident, and she wasn't hurt, there's a decent chance they'll be happy with your insurance paying their medical bills and leave it at that.
Yeah right...this is America. Land of the free, home of the "I gotta get paid" lawsuit.
It's not nearly as bad as people make it out to be - can you give me an example of this? Most people think of the McDonald's coffee incident, but if you look at what happened, she was in the right entirely. It's not like the courts are letting people steal money from corporations for nothing at all.


Well...several months ago there was a lawsuit here where a woman who while filling up with gas forgot and drove off with the nozzle still in her tank. She refused to pay for the damages and counter sued the gas station because the directions on the pump only said

Lift nozzle
Place nozzle in tank
Select grade
Raise lever to start filling

and didn't say anything about taking the nozzle back out of your car when you are finished filling the tank.

The gas station won their case for repairs to the pump, but she won $10,000 for damage to her vehicle plus mental stress(or something like that)
It could have probably been avoided if the gas station admitted to their mistake and said to not worry about it.

I understand what you're saying, but she was right, and so I think that if the gas station didn't sue her for the mistake, she wouldn't have had counter sued for damages to her vehicle and mental stress.

I don't remember exact numbers, but in incidents like the Mcdonald's coffee case, the coffee was shown to be *very* hot, beyond what it should be. It caused burns to her that she had to be hospitalized for, which came to $10k or something, but they refused to pay. It kept escalating and became much more eventually. I blame the corporation, not the consumer.

If the gas station admitted their mistake?

Oh come on. How f'ing stupid does someone have to be to not realize that you have to take the nozzle out of your car before you drive off? I mean shit...that's just common damn sense!

 

alchemize

Lifer
Mar 24, 2000
11,489
0
0
She'll sue you, your insurance company will pick up the lawsuit, they'll settle out of court for like $5 grand or less (sounds like probably about 2 grand if she was walking around), your insurance will go up or you'll get dropped. Happens every day.
 

Bryophyte

Lifer
Apr 25, 2001
13,430
13
81
Originally posted by: AgaBoogaBoo
Originally posted by: shinerburke

Well...several months ago there was a lawsuit here where a woman who while filling up with gas forgot and drove off with the nozzle still in her tank. She refused to pay for the damages and counter sued the gas station because the directions on the pump only said

Lift nozzle
Place nozzle in tank
Select grade
Raise lever to start filling

and didn't say anything about taking the nozzle back out of your car when you are finished filling the tank.

The gas station won their case for repairs to the pump, but she won $10,000 for damage to her vehicle plus mental stress(or something like that)
It could have probably been avoided if the gas station admitted to their mistake and said to not worry about it.

I understand what you're saying, but she was right, and so I think that if the gas station didn't sue her for the mistake, she wouldn't have had counter sued for damages to her vehicle and mental stress.

I don't remember exact numbers, but in incidents like the Mcdonald's coffee case, the coffee was shown to be *very* hot, beyond what it should be. It caused burns to her that she had to be hospitalized for, which came to $10k or something, but they refused to pay. It kept escalating and became much more eventually. I blame the corporation, not the consumer.

What mistake did the gas station make?
 
Apr 17, 2003
37,622
0
76
Originally posted by: steppinthrax
Originally posted by: TheGoodGuy
Originally posted by: Linflas
I know i am at fault, i know that.. i am going to get sued, so i raised my limits for liability to 300/300 just after i got in to work.

Good luck with that, I don't think it will cover you retroactively.

well lets hope it does..

If it was my wife and daughter and you killed them I wouldn?t even go though court. I'll go to the gun shop. It's much quicker for both you and me since you would get life anyway.

:roll:

what a ridiculous statement...
 

JulesMaximus

No Lifer
Jul 3, 2003
74,459
854
126
Originally posted by: steppinthrax
Originally posted by: TheGoodGuy
Originally posted by: Linflas
I know i am at fault, i know that.. i am going to get sued, so i raised my limits for liability to 300/300 just after i got in to work.

Good luck with that, I don't think it will cover you retroactively.

well lets hope it does..

If it was my wife and daughter and you killed them I wouldn?t even go though court. I'll go to the gun shop. It's much quicker for both you and me since you would get life anyway.

Why would he get life? It's not as though he did this intentionally. Hence the term accident.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
What are your assets? If you're young and (relatively) poor, there's not much to lose. Oh yah--call a lawyer. You could describe what happened and the attorney can tell you whether you need legal representation or not.

This is an unfortunate reminder for all of us to make sure we have enough liability insurance!