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Old 11-10-2012, 02:21 AM   #1
zanga254
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Angry Reckless Driver Sped away...now what?

Hey guys, I come to you for advice. My accident is best explained with the diagram, so please view those before answering my question. A simple summary of the accident is that I was traveling at 30 mph on a two laned road changing to include a left turn lane. I didn't need to turn left so I kept going straight. Before the intersection however, the FR-S waiting to turn left from the left turn lane became impatient and came quickly into my lane. I was now one to two car lengths away from hitting him BY THE TIME HE CAME INTO MY LANE so I reacted by braking and swerving into my adjacent lane. I didn't see the Avalanche next to me and ended up bumping into him in order to save being totaled by the FR-S. The FR-S sped away with no damage.



My question is who is at fault and would it be realistic to pursue charges on the FR-S in Philadelphia?

For those familiar with Philly, this was at the Roosevelt Bridge and Cottman Ave: two notoriously busy and frankly poorly planned roads.
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I am content with cruising at only 130 mph.

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Old 11-10-2012, 02:40 AM   #2
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Old 11-10-2012, 03:36 AM   #3
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Not always...alot of worthless pigs out there.
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Old 11-10-2012, 03:49 AM   #4
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You can tell this to the cops, or insurance but in the end it doesn't matter. You swerved into another car and it will come onto you unless witnesses attest to the situation and insurance goes with it.

Did you get the plate number of the scion?
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Old 11-10-2012, 04:07 AM   #5
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Sorry to hear about your accident. I think you are out of luck. You did caused the accident with the truck, even though you were just trying to avoid hitting the Scion. The insurance will probably look at it this way; You should've be aware of your surroundings. If you were, you would've see there was a truck on the next lane. So it's your fault.

If you do you try to pursue the Scion, I think there are video cameras at the intersection that might have captured the whole thing. But I don't know how you would obtain that footage. Plus, I doubt your insurance will care to go after the Scion.

How bad was the damage?

Last edited by evo7; 11-10-2012 at 04:36 AM.
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Old 11-10-2012, 04:12 AM   #6
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You should have let the scion hit you. Then he would have been at fault. But be cause you swerved and hit another driver it kind of makes you at fault. Even if it started off with the ass in the scion
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Old 11-10-2012, 05:17 AM   #7
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It is not kind of your fault. You violated the Truck's right of way by entering his lane of travel. The Scion did not touch your car, therefore he is not involved in any way. As you said, you were a couple of car lengths away from him, and at your speed, you should have been able to brake and not collide with him. Now you have a bent Bimmer and some poor soul has a bent truck. Your insurance will pay for the damages to all, and you will be at fault, with the attendant increase in your insurance rates. Sorry, but that is how it will come down.
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Old 11-10-2012, 09:04 AM   #8
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You are at fault, but that doesn't mean what you did was stupid. Honestly, you should have just braked as hard as possible and held your lane. It looks like instead you kept accelerating even after noticing the red car halfway in your lane. You knew what that red driver was trying to do, but I guess you didn't want him in front of you or something. Once you passed the point of no return, you did probably minimized damage by swerving. A frontal impact would have hurt your car a lot more than the rear end bump. However, if your diagram is accurate, you noticed the red car before you even made it across the intersection, this is where you should have known to take it slow.

What you should have done is noticed the driver in the red car doing something stupid and you should have slowed. I know our cars can stop from 30 mph in almost no space. If you had just identified the moron, you would be fine. I had a girl do this to me, but I was in my Jeep. Luckily I watch the front wheels of cars in turning lanes that are piled up for this reason. I saw hers turn and used full ABS braking to avoid it. I didn't hit her. It would have totalled both cars if I wasn't paying attention (would have been her fault). There was also no lane to swerve into in this situation, so I can't say I wouldn't have done what you did.
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Old 11-10-2012, 12:40 PM   #9
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Quote:
Originally Posted by Stickbuilder View Post
It is not kind of your fault. You violated the Truck's right of way by entering his lane of travel. The Scion did not touch your car, therefore he is not involved in any way. As you said, you were a couple of car lengths away from him, and at your speed, you should have been able to brake and not collide with him. Now you have a bent Bimmer and some poor soul has a bent truck. Your insurance will pay for the damages to all, and you will be at fault, with the attendant increase in your insurance rates. Sorry, but that is how it will come down.
This.

People like the Scion driver do that kind of s*** all the time around me, you have to be ready for that, it's called defensive driving.

Good luck with the repairs, accidents suck no matter who's fault it is
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Old 11-10-2012, 12:55 PM   #10
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Originally Posted by floydlloyd85 View Post
You should have let the scion hit you. Then he would have been at fault. But be cause you swerved and hit another driver it kind of makes you at fault. Even if it started off with the ass in the scion
^^ This guys got it... I used to work for an insurance company many moons ago and unfortunately regardless of what caused you to swerve, (an entirely natural reaction to that particular situation,) it is still you who caused the resultant incident... sorry pal... I know it doesn't sound fair but if every one who had a collision blamed a third party can you imagine how complicated claims would be? Proving negligence is a complete nightmate... Even if you'd have rammed the scion you might have still been blamed, but that didn't happen so lets not go there... Edit:- just looked at your pictures ignor my last comment you defonately should have rammed him... Then it would have been his fault...

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Old 11-10-2012, 04:15 PM   #11
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If it were me I would shout to the chive driver to follow me and for us to get the f*cker in the FR-SH*T. But like everyone said, its going to be your fault. Sorry bout it man.
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Old 11-10-2012, 04:17 PM   #12
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Not always...alot of worthless pigs out there.
Wow....what are you, 15 years old?

The law simply requires you to maintain control of your vehicle at ALL times. If, for example you are about to collide with a deer on the highway there are two common possible scenerios;
Stay in your lane and collide with the deer.
You swerve to miss the deer and crash into the ditch, or into oncoming traffic.
Neither plays out well, but in the 2nd scenerio the deer you "claim" to have caused the accident has bounded merrily on his/her way and is never again seen, leaving your explanation as to how you ended up in an accident with no sound backing. You can still be charged with "failing to maintain control of a motor vehicle"

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Old 11-10-2012, 04:41 PM   #13
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Originally Posted by SteadyMobbin View Post
Not always...alot of worthless pigs out there.
Police officers have about the same percentage of scumbags as the general population. You probably think they are all assholes since you treat them like an asshole. If you are polite to them, they will be polite to you. If you are a dick and want to make their day hard, they will make your day harder. I would do the same. Hell, I jhave been caught red handed by a cop smoking a blunt in an under construction neighborhood culdesac. I ate the blunt and swallowed it as he was walking up. He knew what we were doing, but I was polite and didn't consent to a search. He told us to leave, that's it.

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Old 11-10-2012, 05:37 PM   #14
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Quote:
Originally Posted by evo7 View Post
Sorry to hear about your accident. I think you are out of luck. You did caused the accident with the truck, even though you were just trying to avoid hitting the Scion. The insurance will probably look at it this way; You should've be aware of your surroundings. If you were, you would've see there was a truck on the next lane. So it's your fault.

If you do you try to pursue the Scion, I think there are video cameras at the intersection that might have captured the whole thing. But I don't know how you would obtain that footage. Plus, I doubt your insurance will care to go after the Scion.

How bad was the damage?
Picture is attached, originally I was going to pursue the scion to get a license plate but didn't want to be accused of a hit and run. The white suv didn't care about the damage on their car so we just shook hands and parted ways.

Damage is above plastic strip on bumper and the dent under the tail light. Pay no attention to the opened gas tank, I was filling up gas.
Coincidentally, when I was filling up gas the stop-flow on the pump didn't activate and the gas kept overflowing. Lucky I was able to manually stop it.


Quote:
Originally Posted by floydlloyd85 View Post
You should have let the scion hit you. Then he would have been at fault. But be cause you swerved and hit another driver it kind of makes you at fault. Even if it started off with the ass in the scion
At my speed, I was afraid if I hit the scion by staying in lane that my car would be totaled. Having to drive 30 minutes everyday to campus meant that this was something I could not afford to have.

I hope this was clear in the diagrams but the car quickly stuck in halfway AT two car lengths away, realized what was going to happen, and accelerated hard into my lane. His light was about 100 yards from mine and the lights are set up to turn green consecutively, meaning 1 second after I get the green the middle light would then turn green.
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I am content with cruising at only 130 mph.

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Old 11-10-2012, 05:41 PM   #15
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Quote:
Originally Posted by choxor View Post
Cops > forums
A family friend is Phila. PD, he said this goes into legal matters and that I should talk to an attorney.
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Old 11-10-2012, 05:55 PM   #16
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This is simple. You must have control of your car at all times. Without doubt, that is the position of the insurance company. Therefore as far as both the insurance company and the police are concerned, you caused an accident. And you did, even though you have an excuse. But that is worthless. One cannot run into another car and attempt to disclaim fault.
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Old 11-10-2012, 06:02 PM   #17
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It sounds like you were too aggressive when you should have slowed down. Why wouldn't you let him in even if he was a bonehead? You were so focused on what he was doing that you failed to see what was going on elsewhere. Insurance will cover damage and a rental car whether it's your insurance pays for it or the other party. You mentioned a thirty minute commute, is your time worth more than others?
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Old 11-10-2012, 07:28 PM   #18
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Quote:
Originally Posted by zanga254 View Post
Picture is attached, originally I was going to pursue the scion to get a license plate but didn't want to be accused of a hit and run. The white suv didn't care about the damage on their car so we just shook hands and parted ways.

Damage is above plastic strip on bumper and the dent under the tail light. Pay no attention to the opened gas tank, I was filling up gas.
Coincidentally, when I was filling up gas the stop-flow on the pump didn't activate and the gas kept overflowing. Lucky I was able to manually stop it.




At my speed, I was afraid if I hit the scion by staying in lane that my car would be totaled. Having to drive 30 minutes everyday to campus meant that this was something I could not afford to have.

I hope this was clear in the diagrams but the car quickly stuck in halfway AT two car lengths away, realized what was going to happen, and accelerated hard into my lane. His light was about 100 yards from mine and the lights are set up to turn green consecutively, meaning 1 second after I get the green the middle light would then turn green.
If it was too close to stop then that was probably the best move. By your drawing it looked like you were barely moving when he started to creep out. If he did it 2 car lengths away at 30 mph, then I can see why you did that. Anyway, if you had hit him at that speed you would have caused way more damage to your car. Probably worked out for the best. That dent looks like it can be pulled out. The metal hasn't kinked yet or anything. Maybe a little on the rear corner, but not too bad to fix.

Last edited by WDE46; 11-10-2012 at 07:29 PM.
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Old 11-10-2012, 10:28 PM   #19
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OP the damage to your car looks very minimal. You might not like it, but doing some bondo on that dent and painting over it will be the cheapest solution by far. I guess you could settle this with cash if you really wanted to. How bad was the Avalanche and how did the owner react? They could be a witness for you.

Quote:
Originally Posted by floydlloyd85 View Post
You should have let the scion hit you. Then he would have been at fault. But be cause you swerved and hit another driver it kind of makes you at fault. Even if it started off with the ass in the scion
If you rear end another car, you're always at fault.
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Old 11-10-2012, 11:18 PM   #20
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Agree with everyone. OP is at fault.

These happen quite often on the road . Car suddenly sticks out or swerves into someone else's lane.

If I were you OP, in split second I would have assessed the situation of whether stopping hard is the best move to avoid collision. If not I would hit the brake and swerve right to avoid the Scion.. Which you did. But you swerved a tad too much.

Me, I'd swerve just enough to miss the Scion by a few inches and the truck missing me by inches as well.
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