Should she fight this ticket? PICS included....of the car

[viewton]

Last Monday, my fiancé was heading into the city in her Pontiac Sunfire, and as she got off the interstate, this Ford Expedition starting tailgating her. He continued to tailgate her for another mile. And when I say tailgate, he wasn't just closer than "2 car lengths", she could only see his grill in her rearview mirror, and nothing else.

As she neared the first intersection, she decided to get into the left turn lane to turn into the gas station to fill up. This is the same turn lane that cars who are turning left at the light get into. Well, the Expedition also got into the turn lane, but she was worried that he wasn't going to be able to stop since he was so close, if he didn't realize she wasn't going all the way to the light (the turnoff for the gas station is about 30-40 ft before the light).

She glanced into oncoming traffic, looked back into her rearview mirror to make sure the Expedition wasn't going to hit her, started making the turn across the opposite two lanes. As she got the nose of her car to the entrance of the gas station, she heard a squeal of tires, and then a truck that had been coming in the oncoming lane (that she didn't see obviously), broadsides her and this happens.

The guy in the Ranger wasn't wearing his seatbelt, had no airbag, but only had a small head injury that didn't require stitches. He actually flipped his truck, and some cooler in his bed went flying about 50 feet. He seemed to be more worried about that cooler than anything. He didn't want to go to the hospital either. I guess he was ok, or he was worried about something, or maybe he just didn't like hospitals. (?)

My fiancé is ok thankfully, other than a broken rib, and sore knees, ankle, shoulder, etc. I consider those injuries to be fortunate, considering the state of her car (it's totaled). The cop said she was very lucky. He's never seen anyone literally walk away from an accident that bad in 25 yrs.

Lucky or not, I personally thought the accident was her fault. She should have kept looking straight ahead as she turned, instead of being worried about the Expedition. Of course, hindsight's 20/20, and it's easy to say "I'd rather get hit from the Expedition going 20 mph than broadsided by a Ranger going 55+". Also, she wasn't feeling well that day, so that also might have had something to do with it.

Anyway, she got a ticket, and we were going to pay it, but her insurance agent just yesterday was saying we should fight it since someone was tailgating her. In fact, the agent said the police should have been looking for the Expedition.

She's never been in an accident, or had a ticket in the 6 yrs she's been driving before last week, so she usually is a good driver.

What do you think? Pay the ticket and take responsibility for her actions, or fight it because of the circumstances involved?

 

[hungrypete]

if she pulled out in front of someone, its her fault IMO. She shoulda brake checked the Expedition and walked away with a screwed up bumper and a fat lawsuit. Glad she's ok, that car is TRASHED. Buy her something bigger and tell her not to worry about idiots tailgating (unless its an 18 wheeler).

 

[SpongeBob]

I would try to at least get the fine reduced. I mean you said this is an isolated incident, so I wouldn't be too hard on her. You were right though, that car is totalled!

 

[AnimeKnight]

WOW.. after looking at the pictures I think that your GF are very lucky that she was able to walk away from the accident.. anyhow do you guys have the license of the Expedition? If not how can you guys fight for it?

 

[ttn1]

Moral ofthe story is never make a left turn on a busy road without a light. My fiance tried to do something similar, but luckily the cars were going much slower. Needless to say she never makes left turns on busy roads anymore.

The time saved is just not worth it. It may take a few minutes to make the left turn at the light or make a U-turn when the light changes, but it is much safer.

Sucks to have it happen though. I say listen to the insurance company, if that's what they want to do. Lawsuits suck though for everyone but the lawyers. Your probably better off to just pay the fine and the insurance increase and be more careful.

just my 2 cents.

ttn1

 

[hungrypete]

<< Moral ofthe story is never make a left turn on a busy road without a light. >>



That's not the moral of the story, that's 'being scared to drive as was intended. If you pay attention, and drive 'politely', you're probably going to be ok. If you are afraid of driving normally, you're probably gonna get in a wreck. People who constantly slam on thier brakes every time a car pulls into the next lane, etc, drive me NUTS.

 

[Tauren]

I'm glad to hear she's alright, but I wouldn't even bother fighting the ticket. It's irrelevent that she was being tailgated. SHE pulled out in front of someone else. Unless that person pushed her into on-coming traffic, she's at fault.

 

[vi edit]

OMG! That car looks like it got sat on by a couple elephants! :Q :Q I think I'd be counting my blessings that she came out of it as lucky as she did and chalk that one up to the 'ol experience board.

 

[ttn1]

<< That's not the moral of the story, that's 'being scared to drive as was intended. >>



OK, I guess I should clarify more. I assumed a 4-lane+ wide intersection.

Although, I agree scared to drive people are very annoying. I see people doing the left turn across three lanes of bumper to bumper traffic all the time and it just makes no sense.

I'm not saying don't do it ever, but when there is alot of traffic it's just a little common sense.

Actually when I see an idiot SUV in my rear view mirror tailgating, I just slow down. It pisses them off and they pass me.

I use to be a "lets get there now" kind of driver, but that gets old after awhile. A few extra minutes to make your drive safer is a small price to pay. Your blood pressure also drops alot.

 

[hungrypete]

ttn1, I hear ya, I just wasnt sure so I posted my semi-smartass remarks Frankly, I wish my girlfriend wouldnt drive at all, she's just nutty sometimes.... She doesn't drive fast, but she doesn't always consider what could happen in X situation.

 

[viewton]

Thanks for the advice...I was also leaning towards "consider herself lucky" and just pay the fine.

No one got the license plate number for the Expedition, so you're right Anime, they wouldn't be able to find him even if they tried.

Also, the truck was the only car in the the oncoming 2 lanes...she had glanced over and didn't see any cars, so she wasn't trying to "beat traffic". <edit> I should have clarified that in my original post. She looked into the oncoming lanes...not traffic. </edit>

Anyway, thanks everyone

 

[HomeBrewerDude]

thank god your gf is alive. Depending on how the insurance company is treating you, I would say go with whatever they suggest. Also, you might as well keep her record clean if you can.

I don't guess there is anyway to find that butthead that was tailing her...

 

[Cyberian]

<< Anyway, she got a ticket, and we were going to pay it, but her insurance agent just yesterday was saying we should fight it since someone was tailgating her. In fact, the agent said the police should have been looking for the Expedition.
>>


I really don't see what difference that makes.
Thank God she's not hurt any worse. man, that car looks bad!

 

[viewton]

<<

<< Anyway, she got a ticket, and we were going to pay it, but her insurance agent just yesterday was saying we should fight it since someone was tailgating her. In fact, the agent said the police should have been looking for the Expedition.
>>


I really don't see what difference that makes.
Thank God she's not hurt any worse. man, that car looks bad! >>



Honestly, neither do I. IMO, like Tauren said, unless the Expedition hit her car, causing her to run into oncoming traffic, then she's at fault. I just figured since the insurance agent was more experienced in these areas, she might have known what she was talking about.

 

[telstar1]

A little duct tape ... I'll have that right back together for ya.

 

[DannyLove]

if you have the expeditions info, then fight it, if you have no idea where the suv is, then you cant do jack. sorry to hear about your fiance,

danny~!

 

[DonaldDuck82]

i could tell my cousin vinny about the expedition, he doesn't like it when people in his family get upset about something, and i could tell him that i am upset

 

[Jokeram]

Wow... wheres the car? I mean there is nothing left... count blessing carry on with life.

 

[OutHouse]

Im gald that your GF is ok. Im also happy she didnt have a passenger I dont that person would have lived.

 

[Clinotus]

She is lucky to be alive after a hit like that. Even the radio is bent into the steering wheel. Jesus! I was going to say fight the ticket but she did cut across two lanes which is always dangerous...try to have it reduced if anything. She'll be paying higher premiums either way.

 

[HomeBrewerDude]

Seems the general consensus is that it doesn't matter on the ticket. I disagree. I say fight the ticket if you can.

I don't know if you could get the ticket off her record. Maybe deferred judification, maybe some other avenue for where you live. If it is a relatively low cost process, I would try it no matter what, just so she can have the ticket removed.

The other thing to keep in mind is that if (and this is probably where the insurance company is coming from) IF the Ranger guy decides to press a law suit, then not having the ticket could be a significant factor in the outcome. IF your GF has low limits on her liability then by all means try to get rid of the ticket.

 

[viewton]

<< A little duct tape ... I'll have that right back together for ya. >>



Niiice, how much do we owe ya?

Thanks Danny and Jokeram, no info on the Expedition, so I guess we can't do anything about him.



<< i could tell my cousin vinny about the expedition, he doesn't like it when people in his family get upset about something, and i could tell him that i am upset >>



heh, whatchuuu doin...thanks


Yeah, the entire inside of the car is demolished...I think she was in the only safe spot...maybe the rear driver's side would have been ok, but the passenger side is ugly.


Yamaha, I guess I could see the pt in trying to get rid of the ticket for lawsuit purposes, but I was under the impression that if the guy didn't go to the hospital, he couldn't file a suit later. Is that not true?

BTW, I threw in a crude "map" of the scene...it's at the bottom of the page w/ the pics.

 

[amnesiac]

I agree that your fiance should have brake-checked the Expo, but what's done is done. She should definitely fight the ticket. All you have to lose is time. And it will definitely save you on insurance if you can stay ticket free.

 

[Zenmervolt]

Here in Ohio, at least, people have a certain "grace period" between the time an accident happens and the time they can file an injury claim. I believe that this is so that if something comes up the next morning or if something is not discovered for a couple days (ie internal bleeding) then the person injured still has a legal recourse. As for the guy filing a claim, see if your insurance company can get him to sign a waiver stating that he was not injured and that he waives his right to sue (or something like that), otherwise just wait for the time limit to expire and hope. As for fighting the ticket, while your g/f was technically at fault, I believe that because the driver of the Ranger didn't try to change lanes to avoid her you may be able to get the ticket reduced, assuming that the Ranger was the only oncoming vehicle as you say. Regardless, I'm glad that she's alright, and best of luck with insurance and buying a new car.

Zenmervolt

 

[HomeBrewerDude]

I wouldn't hope for anything... do anything you can to limit your liability. I only say this b/c clearly (assuming your description is honest) there were extraneous circumstances that may need to be litigated. Don't wait and hope. Act.