Am I Liable?

[RedSox10NG]

What is the name of your state?I live in GA, and was involved in an accident this morning. It was raining around 7:15 A.M. on Highway 17. I was behind a large Coke truck going the speed limit of 45 MPH. I was at least 2 car lengths away from the truck, and was payinng close attention to the road. Suddenly, the Coke truck swerved into the lefthand lane, before I could see what was up ahead. I too swerved into the lefthand lane, figuring it to give me a little more time than if I just slammed on the breaks in the righthand lane. I smashed into a car in the lefthand lane, ahead of the Coke truck. The woman I hit then must have hit the car in front of her, because her hood was also damaged along with the back of her car. My Jeep only had a dented bumper and a smashed fog light. The Coke driver then came over and asked me if I was ok, while I was asking the woman if she was alright. She stayed in her car, motioning towards her neck. The Coke man and I then talked about what happened. He said a school bus had started turning into the lefthand lane, but stopped in the middle, causing both lanes to slam on their breaks. I could not see this since I was behind him, the large Coke truck. The police and ambulance came and the normal went on from there. A policeman then came up to me later, after the Coke man had left, and said that I would be "At-Fault" because I was behind the woman I hit. He then said, though, that the "Only thing saving my butt" would be the Coke man's statement, which apparently said I was following the law and driving safely at all times. I am now wondering if the woman has any way of suing me, and if so, does she have a case? Also, the woman in the car ahead of the one I hit, can she also sue me? If they do, am I liable for any damages, even though I was following the law at all times? I'm just looking to what I might expect in the near future, any advice or ideas would certainly help. Also, one factor that I witheld until the end of this report, I am just turning 17, but I have no traffic violations, tickets, or accidents prior to this. Will my age also have something to do with any of this? Thanks, guys.

Red Sox

 

[seniorjudge]

I too swerved into the lefthand lane, figuring it to give me a little more time than if I just slammed on the breaks in the righthand lane.

Q: I am now wondering if the woman has any way of suing me, and if so, does she have a case?

A: Yes and yes.


Q: Also, the woman in the car ahead of the one I hit, can she also sue me?

A: If there is any suing going on by this lady, she will sue everyone at the scene.


Q: If they do, am I liable for any damages, even though I was following the law at all times?

A: You were not following the law because you did not have your vehicle under control. If you had had your vehicle under control, you would not have had a wreck.


Q: Will my age also have something to do with any of this?

A: No.

 

[RedSox10NG]

Would there have been any difference if I had slammed into the cars in the righthand lane?

As I said before, the drive of the Coke truck gave a police report, and some of the policemen said it was just tough luck for me. So can I get sued for tough luck? It was unfortunate, but it was not my fault. I accept responsibility for the accident, but what else could have been done? I agree I could have been further behind the Coke truck, but since I was the appropriate distance, I don't understand how I didn't have control of my vehicle.

Red Sox

 

[seniorjudge]

Q: Would there have been any difference if I had slammed into the cars in the righthand lane?

A: No, if you had hit them from the rear, you would've been liable.


Q: So can I get sued for tough luck?

A: You would be sued for your negligence, not your luck or lack thereof.


Q: It was unfortunate, but it was not my fault.

A: Not according to the facts you have given so far.


Q: I accept responsibility for the accident, but what else could have been done?

A: Drive more carefully.


Q: I agree I could have been further behind the Coke truck, but since I was the appropriate distance, I don't understand how I didn't have control of my vehicle.

A: I repeat myself: If you had had control of the vehicle, you would not have had a wreck.

 

[RedSox10NG]

Also, is there anything I can do to minimize anything that could happen in court? Can I use the police report stating I was following the law at all times? I was not issued a ticket, and I know that doesn't mean I'm not guilty of breaking the law , doesn't it have some merit. Especially with a witness? Thanks again.

Red Sox

 

[Happy Trails]

Also, is there anything I can do to minimize anything that could happen in court? Can I use the police report stating I was following the law at all times? I was not issued a ticket, and I know that doesn't mean I'm not guilty of breaking the law , doesn't it have some merit. Especially with a witness? Thanks again.

Red Sox

It was raining and a driver needs to be prepared for unexpected surprises. You may not always be able to re-act in time; that's why it is called an accident. That does not release you from being liable.

That is what SJ is trying to tell you. You need to be in control of your vehicle at all times.

Let your insurance company handle it.

 

[RedSox10NG]

Thank you guys very much. As I said, this is the first accident I've been a part of, and I feel horrible. We called our insurance, they took our statements and so forth. A friendly EMT called and said the woman was ok, so now I don't have to worry about that anymore.

One last question, please: If this even goes to court, which I don't know if it will, what can I expect? As a policeman said, I wasn't driving recklessly, so will that at least get me off a little bit? Also, with the witnesse's statement, will that help me at all?

Thanks a lot, guys.

Red Sox

 

[seniorjudge]

Thank you guys very much. As I said, this is the first accident I've been a part of, and I feel horrible. We called our insurance, they took our statements and so forth. A friendly EMT called and said the woman was ok, so now I don't have to worry about that anymore.

One last question, please: If this even goes to court, which I don't know if it will, what can I expect? As a policeman said, I wasn't driving recklessly, so will that at least get me off a little bit? Also, with the witnesse's statement, will that help me at all?

Thanks a lot, guys.

Red Sox

Since you did not get a ticket, that's a relief. As HT said, let your insurance company handle it and don't talk to any of the people involved (just to your insurance company).

 

[longneck]

A: I repeat myself: If you had had control of the vehicle, you would not have had a wreck.

I think this line deserves a bit more explanation. It makes sense to the people who say it because they have to say it so many times. Someone (i.e., seniorjudge) correct me if I get this wrong, but here is the full reasoning .

Your stated that YOU hit the woman because you didn't have enough time to see what the Coke truck was swerving to avoid. The amount of time (i.e., distance) between you and the Coke truck was entirely under your control, so two car lengths wasn't enough. In other words, you did not have complete control of you vehicle because you did not have enough perspective.

I see this exact problem all the time when driving with any of my cousins (ages 16, 16, 17 and 18) or my girlfriend (age 23). Any time they get behind a semi, beverage, delivery, panel, etc. truck, they always follow so close they can't see beyond the truck or even if there's anyone next to the truck. When you follow a car, make sure you can see the side mirrors. The longer the vehicle, the farther back you need to be. It may seem like a ludicrous distance, but it's necessary, as you now know all to well.

- Carl

 

[seniorjudge]

I think this line deserves a bit more explanation. It makes sense to the people who say it because they have to say it so many times. Someone (i.e., seniorjudge) correct me if I get this wrong, but here is the full reasoning .

Your stated that YOU hit the woman because you didn't have enough time to see what the Coke truck was swerving to avoid. The amount of time (i.e., distance) between you and the Coke truck was entirely under your control, so two car lengths wasn't enough. In other words, you did not have complete control of you vehicle because you did not have enough perspective.

I see this exact problem all the time when driving with any of my cousins (ages 16, 16, 17 and 18) or my girlfriend (age 23). Any time they get behind a semi, beverage, delivery, panel, etc. truck, they always follow so close they can't see beyond the truck or even if there's anyone next to the truck. When you follow a car, make sure you can see the side mirrors. The longer the vehicle, the farther back you need to be. It may seem like a ludicrous distance, but it's necessary, as you now know all to well.

- Carl

Sounds good to me....

 

[Yuke]

Next time aim for the school bus because he made an unsafe lane change.

 

[RedSox10NG]

Thank you all. You don't know how much I appreciate the advice and help.

Yes, as you all have said, I now know what you're talking about. I must have been too close to the Coke truck, even though I was "legally" far enough behind. I understand, but am glad to say I have learned. My car was not damaged a lot, so I have been driving to work and such, and stayed FAR behind anyone. I pray I never make that same mistake again.

As one of you said, I don't think 'aiming' for the School Bus would have been appropriate. The bus was a full 3-4 (I can't remember exactly) cars ahead, and stopped both lanes of traffic. Plus, it had kids on it. But yes, you are all right. SJ, I apologize for taking your comments a little hot-headedly, I now know what you meant.

Yes, one other thing, during the aftermath, I repeatedly tried to apologize to her husband (who arrived later). He unfortunately gave me the cold shoulder, and I understand why he should be mad, but still, I don't know. But that is why I'm afraid of a court trial now. After the way I was treated afterwards, it wasn't wrong, but it wasn't as nice as possible. This being my first accident ever, I was a little unnerved, scared, regretful, etc., and didn't know what to do. I understand I "caused" the accident, so that's why I went to apologize. But, it didn't go so well. So far, I've only talked to my insurance about the accident, they took a full report over the phone and such.

Thank you all so much, you don't know how much I appreciate your help.

Red Sox

 

[seniorjudge]

SJ, I apologize for taking your comments a little hot-headedly, I now know what you meant.

I'm used to it.

I'm married.