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Car crash- Legal Questions

legearlegear Member Posts: 6,716
edited May 2009 in General Discussion
My family and I were in a crash today that resulted in a hospital visit. The wife was banged up but nothing broken. The car we hit ran a stop sign. The drivers first words were Im so sorry I didnt see the sign because of that tree. I went back to the stop sign and sure enough you cant see the sign until your 10 feet +/- away. Too late to make a safe stop. Should the city be held at fault for this??

Also, Two hours into the hospital visit it hit us that the airbags didnt deploy. I think I was going 25-30 mph but im not sure. My wife hit the dash so hard that the glovebox busted and the black area on the bottom of the dash shattered. At what speed should the bags have deployed? I bought this car used, should I be callin up the prev owner about the airbags?? I didnt do a carfax but to look at it in the right light you can see where there had been body work. I wonder if someone went the cheap route and didnt install the airbags??

Comments

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    7RiverMan77RiverMan7 Member Posts: 1,522 ✭✭✭✭✭
    edited November -1
    You bought a used car as is.
    There is nothing to pursue at that end.


    The person that you hit is at fault, insurance should take care of it.
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    storm6490storm6490 Member Posts: 8,010
    edited November -1
    screw the car man, just because your wife was released doesn't mean she won't be screwed up from that impact. she should have had her seat belt on but you didn't need to get hit either.

    get her in to a specialist who can scan her neck head and skeletal system. you would be SOL if you did nothing and she had major medical problems in the next few days. keep an eye on her.

    hopefully you were both insured. you pay for it so use it. make certain she is OK...
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    NwcidNwcid Member Posts: 10,674
    edited November -1
    Not sure what year the car is but airbags dont just work based on speed anymore. For a long time when they first came out it seemed like minor impacts were setting off airbags a lot.

    With newer cars the airbags have several sensors that all have to trip or a combo of those sensors to make the airbags go off. It has to have the right combo of speed, or impact or number of tripped sensors, ect.
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    legearlegear Member Posts: 6,716
    edited November -1
    I cant belive she didnt break anything. I am very upset about the stop sign. My neighborhood has 50+/- intersections. Some are 4 way some are 2 way. You can drive 3 blocks with no stop sign and then stop at a 4 way then stop at the 2 way thinking its a 4 way and end up in a crash. Ive seen it alot around here.

    BTW we did NOT have on a seatbelt. Thought I was a great driver + the airbags would save us.... B.S. I urge all to wear a belt
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    Survivalist86Survivalist86 Member Posts: 3,105
    edited November -1
    Maybe, just maybe, a forum about firearms is not a real good place to inquire as to legal matters. An attorney may be better suited for that.
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    wartigerwartiger Member Posts: 3,861
    edited November -1
    Thankfuly you were not seriuosly hurt and if need be, contact an attorney. The tree could be a issue that the other driver may pursue and could tie up any settlement with the insurance company. Just my opinion.
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    7RiverMan77RiverMan7 Member Posts: 1,522 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by Survivalist86
    Maybe, just maybe, a forum about firearms is not a real good place to inquire as to legal matters. An attorney may be better suited for that.


    Obviously sir, you have no faith in the half drunk, legal mind of a gun packing American.

    Shame on you.
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    D1D1 Member Posts: 11,412
    edited November -1
    Regardless of how you or your wife feels, retain counsel. Go find an attorney out of town that has a reputation for being an SOB. Trust me on this. You can bet your * the next time someone hits me I'm coming out of the car and looking like a catfish on the pier. I've been burnt too many times. I have had the opportunity many times, but I react too quickly. GO GET A LAWYER. Don't talk about the crash with anybody else. We live in a litigious society. Go for it.
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    spec.4spec.4 Member Posts: 897 ✭✭✭
    edited November -1
    If the guy you hit ran a stop sign then it is his fualt. Any time you came up to an unknow intersection, you should be prepared to stop. Since you and your wife was not wearing your seatbelt, you might have problem with the insurance company. I have alwayas wear mine since that one day. You see I.used to never wear my seatbelt, but something told me to wear it that one day. I got rear ended. Push me about 1/2 way thur the intersection. I was soar for two weeks.

    Spec4
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    cnsaycnsay Member Posts: 1,373 ✭✭✭✭✭
    edited November -1
    An airbag may save you in a frontal collision that has enough energy to be fatal, but it is a bad idea to count on it as the only safety. A device with enough power to stop a 250 pound person from 60 MPH in a hearbeat has the power to do a lot of damage. If you are ever in a car where airbags do go off you will learn how brutal they can be. An airbag will beat the crap out of you.
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    MgderfMgderf Member Posts: 907 ✭✭✭
    edited November -1
    News stories came out last year about mechanics taking good airbags out of cars during repairs, then selling them on the black market. You need to check and make sure the air-bags ARE there. Story said they take out the good one and fill the space with a used airbag, or another object.
    Also heard tales of mechanics unhooking an airbag to do work on the car, then forgetting to hook them back up.
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    cactuspete1cactuspete1 Member Posts: 1,513 ✭✭✭✭✭
    edited November -1
    In most states you have 2 years from the time of the accident to file a * injury law suit, or two years from the date of discovering an injory resulting from the wreck, not to exceed 4 years combined time, which is the statute of limitations on these cases..
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    slipgateslipgate Member Posts: 12,741
    edited November -1
    So are you just looking for someone to sue and get paid? Maybe claim whiplash, that's a good catch-all for some extra money. Find out how much insurance the guy that hit you has and sue for that amount. You can sue for millions, but if they are only carrying $100k insurance, that's all you get. I guess you could attach the poor sod's paycheck for the rest of his life. Kind of like the lottery for you huh? [xx(]

    Your angle with the town and the stop-sign is a good angle, surely the county has more money that $100k.

    Suing the auto-makers is good too, they have money too.
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    longspur riderlongspur rider Member Posts: 2,620 ✭✭✭✭✭
    edited November -1
    First there are several factors that go into setting off an airbag depending on the year, make, model, etc... Speed & direction of the impact also factor in. Second, unhooking an airbag system is easy, but doing it so it doesn't trigger warning lights & screw with the electronics systems is difficult. Every time you turn the key on it does a systems check. If you pay attention you'll see an airbag light or an SRS light come on momentarily, then go out. If it stays on then there is a problem somwhere in the restraint system. That warning light is in an integrated light system that is very difficult if not impossible to shut off just one warning light.
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    Bubba Jr.Bubba Jr. Member Posts: 8,191 ✭✭✭✭
    edited November -1
    quote:Originally posted by legear
    I cant belive she didnt break anything. I am very upset about the stop sign. My neighborhood has 50+/- intersections. Some are 4 way some are 2 way. You can drive 3 blocks with no stop sign and then stop at a 4 way then stop at the 2 way thinking its a 4 way and end up in a crash. Ive seen it alot around here.

    BTW we did NOT have on a seatbelt. Thought I was a great driver + the airbags would save us.... B.S. I urge all to wear a belt


    Gee, maybe the rest of us are already smart enough to wear them. I really hate it when someone does something stupid, and then tries to preach to the rest of us not to pull the same stupid stunt they did.

    With that out of the way, your wife could have some serious complications from impacting the dash. It may take a few days for them to show up, so she needs to see a specialist ASAP.
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    dakotashooter2dakotashooter2 Member Posts: 6,186
    edited November -1
    quote:The drivers first words were Im so sorry I didnt see the sign because of that tree.

    Was this before or after it was brought to his attention he ran a stop sign? My point...how did he know he didn't see the stop sign if he didn't see it (unless it was pointed out after the fact and prior to his statement)?


    Kind of like my wife telling me to "ask" if I don't hear her. ??????
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    storm6490storm6490 Member Posts: 8,010
    edited November -1
    quote:Originally posted by Survivalist86
    Maybe, just maybe, a forum about firearms is not a real good place to inquire as to legal matters. An attorney may be better suited for that.


    as a survivalist, you suggest a bar card holder? uff-da.

    woe be it to the man who trust his affairs to a lawyer his finances to a banker and his health to a doctor.
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    RtWngExtrmstRtWngExtrmst Member Posts: 7,456
    edited November -1
    Your recourse is to the guy who ran the stop sign. He may have recourse to the city about the stop sign if he can prove negligence.
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    BlairweescotBlairweescot Member Posts: 2,014 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by legear
    My family and I were in a crash today that resulted in a hospital visit. The wife was banged up but nothing broken. The car we hit ran a stop sign. The drivers first words were Im so sorry I didnt see the sign because of that tree. I went back to the stop sign and sure enough you cant see the sign until your 10 feet +/- away. Too late to make a safe stop. Should the city be held at fault for this??

    Also, Two hours into the hospital visit it hit us that the airbags didnt deploy. I think I was going 25-30 mph but im not sure. My wife hit the dash so hard that the glovebox busted and the black area on the bottom of the dash shattered. At what speed should the bags have deployed? I bought this car used, should I be callin up the prev owner about the airbags?? I didnt do a carfax but to look at it in the right light you can see where there had been body work. I wonder if someone went the cheap route and didnt install the airbags??


    First point- YOU did not hit ANYone

    YOUR car was HIT

    A very important point to be very clear on during any report of trhe incident, made to anyone, at any time

    Almost the same thing happened to me about 15 years ago. The driver is responsible for his actions. If he didn't see the sign, he was unfamiliar with the area and needs to be cautious- which he wasn't, obviously
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    LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    Cant not say in your case.

    I did get out of a speeding ticket in Rainelle WV. once due to the speed sign being covered by pine tree branches. The speed limit was posted at 55 and when I passed the hidden sign it was posted at 25. After receiving the ticket. I went back and got a few photos of the covered sign and the charges were dropped at the hearing.
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    HappyNanoqHappyNanoq Member Posts: 12,023
    edited November -1
    Some cars that come with Airbags, have a "ignition"-type lock over at the side of the dashboard between the dahboard and where the door closes up against it, where you can disconnect the airbag - for instance if you have a childseat on the front seat.
    Or the lock/switch can sit in the center console.

    Other cars that don't have the key/switch thingy - there you have to manually disassemble the dashboard where the Airbag would be located, and either disconnect it, or take it off completely.
    (or have the workshop do it!)

    If the previous owners had small kids, and a childseat on the front passenger seat - they might have turned it off or had it disconnected or removed. It's standard procedure to mark this with a sticker, that the Airbag is out of function.! Well, at least here it is.


    If you HAVE airbags - they are usually always marked.
    I.e. there will be "AIRBAG" imprinted in the dashboard, center of the steeringwheel and so on.


    We sometimes see that people who don't use seatbelts - get complications if they are hit by the airbag.

    Seatbelt is in my opinion, the absolute... one and only... safest thing to use.!
    Don't rely on airbags by themselves.!
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    HappyNanoqHappyNanoq Member Posts: 12,023
    edited November -1
    quote:Originally posted by dakotashooter2
    quote:The drivers first words were Im so sorry I didnt see the sign because of that tree.

    Was this before or after it was brought to his attention he ran a stop sign? My point...how did he know he didn't see the stop sign if he didn't see it (unless it was pointed out after the fact and prior to his statement)?


    Kind of like my wife telling me to "ask" if I don't hear her. ??????


    I'd suspect... that if he's told about the stopsign.. after he ended up in a crash - he'd believe there was a stopsign.

    No need to go check.
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    LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    Air bags. Depends on where the sensors or trigger mechanism are located as to them deploying or not. If the sensor is not tripped, then they will not go off no matter how hard the car is hit.

    The mechanism on my 1995 Jeep Cherokee was nothing more than a plastic bottle with an "air line" mounted behind the front fender. In case of a crash the bottle was mashed causing air pressure to trigger the air bag. The only way to disable it was to cut the air line from the bottle, Remove the air from from the sensor or remove the air bags from the steering column and passenger side of the jeep. When I replaced the bumper I removed the bottle and air line going to the sensor. The Cherokee has been banged around on hard at times from all angles and the air bags have never gone off yet. A friend has his go off when he hit a tree hard enough to push the bumper back enough to mash the bottle. Since we use the Jeeps for trail riding only. Working bags are not a welcome thing to have on them. I will take a tight fitting 4 or 5 point harness any day.
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    john wjohn w Member Posts: 4,104
    edited November -1
    FIRST THING you want to do is get out there and take pictures of the tree blocking the stop sign and pics from different angles including sitting in the car and a video of you rolling up to the stopsign from the direction of the guy who did not stop will be very wise. I know it was not your fault BUT if the other guys lawyer gets his clients case thrown out ( and there will be a case believe me) then you can go after the city. You can bet that tree wont last long there and will be cut down. Depending on where you bought the car you may have a case against them on the NO airbag deployment. You can still pull a carfax to see the history of the car and you should do so as it may document it being in an accident where the airbags seployed and then it was not fixed correctly. COVER YOUR * as you never know what the other guy is going to do!. Did he get a ticket????
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    screwobamascrewobama Member Posts: 625
    edited November -1
    Hire an attorney to go after insurance of guy that hit you. DO NOT HIRE A ATTORNEY THAT ADVERTISES ON THE TELEVISION! The other guys insurance co. may go after the city for the tree covering stop sign to recoup their losses. If you live in Ca. I have a great personal injury attorney! He's like a Pit Bull with a license to practice law.
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    BeeramidBeeramid Member, Moderator Posts: 7,264 ******
    edited November -1
    quote:Originally posted by legear
    I cant belive she didnt break anything. I am very upset about the stop sign. My neighborhood has 50+/- intersections. Some are 4 way some are 2 way. You can drive 3 blocks with no stop sign and then stop at a 4 way then stop at the 2 way thinking its a 4 way and end up in a crash. Ive seen it alot around here.

    BTW we did NOT have on a seatbelt. Thought I was a great driver + the airbags would save us.... B.S. I urge all to wear a belt


    She may not have broken anything but give it a little time, minor accidents can jar a person in all sorts of ways. Consult a good attorney, they can get things done when you can't, the at fault drivers insurance will give you the run around until its to late to file a lawsuit. He will also be able to help out with who all should be held liable.
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    storm6490storm6490 Member Posts: 8,010
    edited November -1
    Did I miss something here?

    Did anybody mention that airbags dont work when you don't have your seat belt on?

    At least mine don't. i'm pretty sure most dont work without the seatbelt "plugged in"

    again, to hell with your piece of S car. worry about your wife. go see a specialist.
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    moonshinemoonshine Member Posts: 8,471
    edited November -1
    GET SOME GOOD PICS OF THE STOP SIGN AREA.


    oops had caps on,sorry
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    mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    Your personal injury case would be unattractive to me because you weren't wearing your seat belts...
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    Sorry, you may have contributed to your injuries by not wearing your seat belts. How are you going to hold the other driver fully accountable? ( I am sorry Your Honor.. I was at the kentucky derby and got ran over by a horse. I was on the track sitting in my lawn chair when I got hurt... )
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    BlairweescotBlairweescot Member Posts: 2,014 ✭✭✭✭✭
    edited November -1
    Disagree, Select-fire. Your example is not the same thing.

    The other driver went through a stop sign according to the story. His negligence caused the accident

    Conversely, the lack of seatbelts worn by the occupants of the vehicle that was struck was not a factor in the other driver's failure to stop for the stop sign
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    mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    quote:Originally posted by Blairweescot

    Conversely, the lack of seatbelts worn by the occupants of the vehicle that was struck was not a factor in the other driver's failure to stop for the stop sign


    No, but it impacts directly on damages. Damages equals money. Money makes the case go round.

    I've seen it time and time again with the seat belt issue...

    The damage to the car is another matter, but there is no money in that.
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    select-fireselect-fire Member Posts: 69,453 ✭✭✭✭
    edited November -1
    quote:Originally posted by Blairweescot
    Disagree, Select-fire. Your example is not the same thing.

    The other driver went through a stop sign according to the story. His negligence caused the accident

    Conversely, the lack of seatbelts worn by the occupants of the vehicle that was struck was not a factor in the other driver's failure to stop for the stop sign


    Sorry I threw you for a loop. Negligence can go both ways.
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    legearlegear Member Posts: 6,716
    edited November -1
    Well my wife is ok so far. She is doing things around the house to keep from getting stiff. I am not looking to get easy cash on the issue. But I will not take a good ole screwin with the value of my car. Also today I was calling the others driver ins co and saw that the car is in her mothers name and the DL# starts with an "I". Meaning its an I.D.# and not a D.L. I think I will contact someone with the city about the stop signs. I will post pics of stop sign and car when I get them.
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    mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    The main thing is your wife is OK and nobody was badly hurt or killed. Cars can be replaced.
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    D1D1 Member Posts: 11,412
    edited November -1
    Regardless of what anyone here has written. Thank God you are both still here with us and able to talk about it. Now GO TAKE A TON OF PICTURES AND GET A LAWYER!
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    Locust ForkLocust Fork Member Posts: 31,674 ✭✭✭✭
    edited November -1
    You know the accident (skiing) that Liam Neason's wife was in.....and died from her injuries. She was fine after the accident. Her brain was bruised and everyone thought she would just "get better"....nobody knew how serious it was because she didn't get checked by anyone who caught it. Tell her to be careful...and tell you if anything is going on. Seeing spots, headaches, things like that are serious! Go get checked out by people that know what they are doing. Get a lawyer...take pictures of the place....measure the road. See if you can look up if others have had accidents in that area (the county commissioner should have that info.)
    LOCUST FORK CURRENT AUCTIONS: https://www.gunbroker.com/All/search?Sort=13&IncludeSellers=618902&PageSize=48 Listings added every Thursday! We do consignments, contact us at mckaygunsales@gmail.com
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