landlord51
Member
What is the name of your state (only U.S. law)?
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question about accident
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landlord51
Member
What is the name of your state (only U.S. law)? Pennsylvania
Hello,
This happened in Pennsylvania this afternoon midday - incident report to come tomorrow. Today I was hit by a car on a highway while driving in the right lane. I was driving along at normal highway speed with the flow of traffic and an SUV hit me on the driver's side door at a high speed. We both pulled over and this man immediately tried to say that I was changing lanes - doesn't matter - I wasn't - I was just staying in my lane when I got hit - the guy was a liar - but whatever. The damage to my car corresponds exactly to this - my driver-side door is crushed in and his passenger side front bumper has my paint scraped on it. Police immediately told me I was in no fault and it was the other guy's fault and they'd "write it up" this way. I also took pictures of everything. And no, I am not injured, and no passengers.
So - the part that troubles me is - the guy who hit me appeared not "with it" at all - also he kept drinking water after the accident and I saw that he fell asleep while waiting for the police. I told the police that he didn't seem "all there" and that he may be intoxicated. When the policeman returned my driver's license, etc., I asked if the guy was drunk. The cop said he appeared to both officers as 'out of it' as well but his behavior could be explained because of a "disability". I asked why he was driving if his disability impaired him, and he said that the accident was caused because the guy was either 'daydreaming' or couldn't see me in my sedan because I was 'below' him in his SUV truck, or, possibly, he explained, I was in his 'blind spot.' (I thought you could see better in those things?) The cop also said that he wanted to change lanes and the guy didn't see me come up from behind - huh??? I asked if he took a breathalyzer, and the cop explained that he didn't smell alcohol on his breath, so he didn't need for him to take a breathalyzer. And so far as I know the cop let him drive away afterwards, though I drove away first. Won't know if he got a citation or ticket or anything until I see the incident report. Wouldn't this be considered reckless driving? I am shook up from this accident and this is going to cause me a great deal of aggravation over the next week or so or however long it will take for the repair, and not sure the rental will be covered entirely. His car got barely a scrape, he tried to pin it on me, and he didn't bother apologizing.
Besides this guy being a jerk,
1 - Why is this guy driving legally when he is admittedly impaired?
2- Is it standard procedure for police to decide to give an alcohol test based on the way their breath smells?
3- Suppose he hit me because he was impaired from drugs / medication; texting; or talking on a phone? Is there anyway of knowing this was the case after the police have left the accident scene?
Thanks in advance for any insight, advice, or answers.
Hello,
This happened in Pennsylvania this afternoon midday - incident report to come tomorrow. Today I was hit by a car on a highway while driving in the right lane. I was driving along at normal highway speed with the flow of traffic and an SUV hit me on the driver's side door at a high speed. We both pulled over and this man immediately tried to say that I was changing lanes - doesn't matter - I wasn't - I was just staying in my lane when I got hit - the guy was a liar - but whatever. The damage to my car corresponds exactly to this - my driver-side door is crushed in and his passenger side front bumper has my paint scraped on it. Police immediately told me I was in no fault and it was the other guy's fault and they'd "write it up" this way. I also took pictures of everything. And no, I am not injured, and no passengers.
So - the part that troubles me is - the guy who hit me appeared not "with it" at all - also he kept drinking water after the accident and I saw that he fell asleep while waiting for the police. I told the police that he didn't seem "all there" and that he may be intoxicated. When the policeman returned my driver's license, etc., I asked if the guy was drunk. The cop said he appeared to both officers as 'out of it' as well but his behavior could be explained because of a "disability". I asked why he was driving if his disability impaired him, and he said that the accident was caused because the guy was either 'daydreaming' or couldn't see me in my sedan because I was 'below' him in his SUV truck, or, possibly, he explained, I was in his 'blind spot.' (I thought you could see better in those things?) The cop also said that he wanted to change lanes and the guy didn't see me come up from behind - huh??? I asked if he took a breathalyzer, and the cop explained that he didn't smell alcohol on his breath, so he didn't need for him to take a breathalyzer. And so far as I know the cop let him drive away afterwards, though I drove away first. Won't know if he got a citation or ticket or anything until I see the incident report. Wouldn't this be considered reckless driving? I am shook up from this accident and this is going to cause me a great deal of aggravation over the next week or so or however long it will take for the repair, and not sure the rental will be covered entirely. His car got barely a scrape, he tried to pin it on me, and he didn't bother apologizing.
Besides this guy being a jerk,
1 - Why is this guy driving legally when he is admittedly impaired?
2- Is it standard procedure for police to decide to give an alcohol test based on the way their breath smells?
3- Suppose he hit me because he was impaired from drugs / medication; texting; or talking on a phone? Is there anyway of knowing this was the case after the police have left the accident scene?
Thanks in advance for any insight, advice, or answers.
HighwayMan
Super Secret Senior Member
It doesn't matter what type of vehicle you drive - there are always blind spots.
Admittedly? You never said he admitted anything of the sort.
Yes, usually. If they have no evidence that a person is intoxicated with alcohol then there is no need for a breath test.
You tell me. Your question doesn't really make any sense.
The fact that the other motorist was or was not issued any tickets will not help you in the least either way. Additionally, the police accident report probably won't be of much use either - insurance companies tend not to pay any attention to them.
landlord51
Member
Hi Highway Man Insurance Dude:
Yes - "admittedly" - this is how he explained the accident to the police officer - and the police officer relayed it to me.
Also - the police officer told me that the guy couldn't see because of the size of HIS vehicle - those were cop's words, not mine.
My question doesn't pertain to if anything 'helps me' or not - it's cut and dry - he hit me and the damage shows - my questions were asking if anyone knows if there's a way to find out if the accident was caused by distractions (phone or texting) or by drugs or medications - he is admittedly 'impaired' due to a disability. Can you get these answers after the scene of the accident? You obviously do not know the answer and so that's why my question doesn't make any sense to you.
Thanks, anyway Highway Dude!
Yes - "admittedly" - this is how he explained the accident to the police officer - and the police officer relayed it to me.
Also - the police officer told me that the guy couldn't see because of the size of HIS vehicle - those were cop's words, not mine.
My question doesn't pertain to if anything 'helps me' or not - it's cut and dry - he hit me and the damage shows - my questions were asking if anyone knows if there's a way to find out if the accident was caused by distractions (phone or texting) or by drugs or medications - he is admittedly 'impaired' due to a disability. Can you get these answers after the scene of the accident? You obviously do not know the answer and so that's why my question doesn't make any sense to you.
Thanks, anyway Highway Dude!
TheGeekess
Keeper of the Kraken
landlord51
Member
Wow, snarky emoticon - Good answer! Thanks for all of your help!!!
None of those things matter so I have no idea why you are focusing on them.
If you are lucky, he will admit to his insurance company that he was changing lanes. If you are not, then both of you have the same story - you say he merged into you, and he says you merged into him. Without an independent witness, there will be no way for either of you to prove that the other was at fault, which means each of your insurance companies will deny the other's claim, and you will both end up having to pay for your own damages. It's unfortunate, but in a word-vs-word situation, that's usually what happens.
If you are lucky, he will admit to his insurance company that he was changing lanes. If you are not, then both of you have the same story - you say he merged into you, and he says you merged into him. Without an independent witness, there will be no way for either of you to prove that the other was at fault, which means each of your insurance companies will deny the other's claim, and you will both end up having to pay for your own damages. It's unfortunate, but in a word-vs-word situation, that's usually what happens.
landlord51
Member
Just trying to figure out why I was hit - could have been injured or killed at the high speed. No biggie. Just a quirky little concern of mine. I'm sure if you were hit - or you had a loved one who was hit - and the guy was acting drunk - you'd want to know why too (and why this 'disability' would cause this and what is this 'disability'). But this is obviously an insurance claim forum - and those questions don't pertain to the nature of my questions. Thanks, anyway.
landlord51
Member
p.s Also - I'm insured so yeah it'll be paid no matter what - by mine or by his - whatever - BUT - independent witness or not - the FRONT CORNER of his car shows where he hit me (I have pics) - this means he was the one at the angle - and he hit me on my side door - so there is only one scenario: I was going straight in my right lane and he was switching lanes without looking - it was a very hard impact and thankfully I wasn't injured. Besides the guy immediately blaming me - the police immediately told me it was entirely his fault without question.
Point of impact doesn't really prove anything, you could have gotten the same point of impact whether you were merging or he was. Did you take pictures at the scene? That might help.
You are looking for answers which don't exist, he hit you because he made a mistake, it could happen to anyone. Cops are pretty good at sensing when a driver is drunk, so it's highly unlikely that they would not have breathalyzed him if they had any reasonable suspicion that he was drunk. He might have hit his head in the accident, or just been generally shaken, which could have contributed to confused behavior. I wouldn't concern yourself with any "disability" he may or may not have, it's really none of your business.
You are looking for answers which don't exist, he hit you because he made a mistake, it could happen to anyone. Cops are pretty good at sensing when a driver is drunk, so it's highly unlikely that they would not have breathalyzed him if they had any reasonable suspicion that he was drunk. He might have hit his head in the accident, or just been generally shaken, which could have contributed to confused behavior. I wouldn't concern yourself with any "disability" he may or may not have, it's really none of your business.
landlord51
Member
Yes - I have pictures of his car too at the accident - taken at the accident - the proof is where the damage is on BOTH vehicles - you are right - couldn't prove anything with the damage on just one car. Although my side door has a big dent, scraping of course across both doors but the dent shows that I was crashed into by the front corner of a car, someone going at at angle into me - and this is where (the picture I have) shows the damage. My paint is scraped off on his car. He has almost ZERO damage because of course he hit me.
Again - the police told he has a "disability" and made it my business - and exact words: "his disability would explain his behavior". Okay. Not trying to pry into anyone's business or anything but he did hit me and it could have been worse, and who else is he going to hit and will be worse? If I had my toddler with me she would have been in her car seat, but it is disturbing to think it could have been worse because this guy is driving with an impairment, and it's legal (but not my business). Anyway, thanks for your thoughts, I appreciate it.
Again - the police told he has a "disability" and made it my business - and exact words: "his disability would explain his behavior". Okay. Not trying to pry into anyone's business or anything but he did hit me and it could have been worse, and who else is he going to hit and will be worse? If I had my toddler with me she would have been in her car seat, but it is disturbing to think it could have been worse because this guy is driving with an impairment, and it's legal (but not my business). Anyway, thanks for your thoughts, I appreciate it.
HighwayMan
Super Secret Senior Member
You didn't say that in your original post. Everything you said was prefaced by "maybe" and "seems".
If you do not realize that there are always blind spots then you need a lot more driving experience.
Then I suggest you consult with someone who is psychic. How do you expect anyone to tell you that information after the fact? You seem to be clueless if you don't understand that.
Again, you never said that - you said he "could be" impaired by a disability.
It is NOT cut and dry. There is no way to tell which party was at fault based on the damage and the location of the damage. The fact that your vehicle received more damage is meaningless.
HighwayMan
Super Secret Senior Member
That's totally ridiculous and not true.
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