I got off work a couple hours early today. I went to the credit union to pick up some cash at the drive up ATM. As I was leaving the side road where the credit union’s located, the driver of the first car in the first oncoming lane very nicely stopped to allow me to turn left. The far lane was clear. I pull out, and this bitch decides she can’t be inconvenienced to stop for three seconds so she pulls around the nice guy into the second lane and slammed into me.
This is somehow my fault because I “failed to yield while making a left turn.”
I have a headache and some cuts and gashes on my hand. I don’t think I have a concussion but my left shoulder and side are starting to ache. I’m also pretty much freezing, because I was outside for over an hour waiting for the tow truck and the cops and whatever.
Damn, that’s not good. But it’s better to be hit while actually inside a car. When I was an adolescent I got broadsided while riding my bike. Rolled right over the windshield and landed on my hands and knees. I was real glad the NEXT car decided to stop in time.
Go see a doctor if you haven’t already. You’ll hurt even more tomorrow. Aren’t the holidays wonderful?
I hope you were told it was your fault by the other driver and not by the cop.
I was in an accident in pretty much exactly the same situation (my dad was driving). In our case the guy that hitus was not only speeding, he was travelling in the “curb lane” and was obviously at fault. Maybe not as clear-cut in your situation, but it’s certainly not your fault, unless you were making the turn without paying attention to both lanes or something.
At any rate you have my sympathy. Go see the doctor now – not only for your own well-being, but also because you’ll want to have evidence of your injuries as close to the time the accident occurred as possible.
Otto, that really sucks. Madison traffic can be a bitch, right? I hope you are okay.
IANAL, but unfortunately, I’m going to have to guess that the collision really was legally Otto’s “fault.” The first driver (the one that stopped) had the right-of-way and really shouldn’t have yielded to Otto. That was an unexpected move from the point of view of the other drivers on the road. So legally the fact is the Otto pulled out into traffic when he did not have right-of-way. That and the fact that (I think, and at least in WI, if not other states) you’re supposed to turn into the nearest lane and THEN change lanes is why Otto is being assigned legal blame. The second driver saw a blockage in her lane (traffic stopped when it wasn’t supposed to be), so she changed into the next clear lane, where Otto then pulled in front of her.
This is a case like those we’re always complaining about here when idiot drivers “try to be nice” by stopping right-of-way traffic to “let someone in,” which (as Otto knows) is a really bad idea.
Otto, again, I’m really sorry that this happened to you. Especially at this time of year. Be extra good to yourself, and be sure to see a doctor.
I’m afraid Scarlett’s right on the liability issue. The traffic on the thoroughfare doesn’t have a legal obligation to stop. The law puts the greater burden on the driver pulling into (or across) traffic lanes because the other vehicles already there have the right of way. There may even be some liability on the part of the driver that stopped. Your insurance will be able to sort out the details.
I also think you should go to the doc. You’ll be more sore tomorrow. I doubt you have anything serious but it’s better to be safe than sorry. Also, the ER docs can give you some drugs to get you through the weekend should the need arise.
Otto. I hope the reason you haven’t posted to this thread again is because you are in the local ER. And if you haven’t been there yet go, NOW ! Please take care of yourself and let us know how you are.
Actually, you should go see a doctor. Besides medical reasons, I think there are also some legal reasons that would make it a smart move ( it was once spelled out for me, but that was several years ago so I’ve forgotten the specifics). Skerri, you just need to stay off the roads. Being the resident expert in car crashes is a dubious and dangerous honor.
Oh Otto I hope you and your car will be ok. I find this thread sort of disturbing, because someone who cut me off unexpectedly this morning lead to me wondering if I have uninsured motorists coverage in the case that I’m hit by someone without insurance which is something I’ve never really thought of before. It turns that I do, which is good since a driver isn’t legally required to be insured in this state. (until they have an accident.)
Anyway, I hope you’re doing well and your car is repaired post haste. I hope the rest of the year goes much better for you.
Hope I didn’t scare anyone by not posting again last night. I was not feeling well and just sort of vegged in a daze. My massage guy luckily had an opening last night so I had a massage and ordered pizza and tried not to think about things.
The reason the guy in the first lane stopped for me was because about thirty feet past me on the right there was a red light. He could have pulled up but that would have blocked the intersection where I was. So there was actually a reasonable reason for him to stop. My feeling is that, based on the speed she was travelling, the woman who hit me wasn’t paying attention not only to the side intersections but to the main intersection at which she was going to have to stop in thirty feet anyway.
I’m not in any pain this morning. The body shop where I had the car towed didn’t have the chance yesterday to look at the car at all. The woman I talked to told me to call back today for more information but the shop is closed today so why she told me to call is a mystery. I haven’t had the chance to line up a rental car, although because my insurance doesn’t cover it I may not get one and rely on the bus and the kindness of friends. If I had some idea of how long the car was going to be out of commission I’d have a better idea of what to do about a rental but since the shop is closed…dammit.
Word of advice: if you’re going to get into a car crash, don’t do it late on a Friday afternoon.
Four days after the crash and I still have not heard from the mechanic or my insurance company! What the hell are these people waiting for? Does my insurance guy think he should just ignore me and I’ll go away without his having to pay for my car? Is it too much to ask that the body shop receptionist not tell me–not once, but twice–to call for the estimate when the shop is closed?
The other driver’s insurance company sure didn’t waste any time calling. There was a message waiting for me called in at 10:45 AM the first business day after the crash. What, does this joker think I just fell off the banana wagon? Oh sure, let me tell you, the adversarial party, all about the accident! Let me get right on that!
Meanwhile, I’ve been running around like a slightly crazy person trying to get last minute Xmas tasks done. My family is coming in for Xmas today (in about 45 minutes to be sorta exact) and I just got the last of the food for their stay during my lunch hour.
In addition to not wrecking your car on a Friday afternoon, let me whole-heartedly NOT endorse the notion of wrecking it the week before Christmas.
Just to clarify, I’ve been hit (bodily) by cars. Not car accidents, but actually walking down the sidewalk or crossing the street, and I got hit by cars. A bit of friendly advice: don’t walk on the sidewalks in Charleston, because the streets are 200 years old, and aren’t big enough for two cars to drive on them.
Otto, I’m glad to hear you’re doing ok, even if you’re in a lurch.
Hey Otto (and everyone else), the situation you described sounds like the driver who hit you is at fault, or at least would be in BC.
The reasoning is that you were “claiming the road” one lane at a time. To add to that the driver in the right hand lane had stopped, and in this jurisdiction you’re not supposed to pass a car that has stopped at an intersection, on the theory that a pedestrian is crossing the street.