Question:
I am writing as I was recently in a car accident. It took place on a clear day at 12 noon. My car stalled on a highway and my hazards did not work. I was rear-ended by a motorcyclist who first hit another motorcyclist in front of him and then my stalled vehicle. He is now bringing suit against myself and the other motorcycle operator. Although his Geico insurance accepted 90% of the collision damage with the car, this is not admissible in court. Also, I've been informed that the driving records of myself and the co-defendant may be brought into play but that his is not admissible in court. Although I have a good driving record, this doesn't seem fair if he does happen to have a very poor one. Does anyone know why this is? Has anyone had a similar experience or accident? Thanks.
Answers:
Don't lorry drivers drive you mad when they pull out in front of you ?
I love this. An idiot who can't tell a moving car from a stopped one hits it, and somehow YOU are to blame?Where do you seat a toddler in a truck that is a 2 seater?
That's like the dunces that make unsafe lane changes to go around a safe (slower) driver and crash, then blame the safe driver.
Whatever. Get an attorney if your ins co. hasn't already done so.
Please say the slogans regarding safety?
you are at fault for not having working emergency flashing warning lightsSeems that motorcyclist should have been paying attention to the road.
Geico is claiming their moron is 90% at fault for what happened and placing 10% on you & the other person. This is normal and quite reasonable and juries are instructed at trial to apply negligence accordingly to all parties involved. The standard, or question they have to answer, is "What would a reasonably prudent person do?" Your hazard lights weren't working and you have a duty to maintain your vehicle...hazard lights are on your car for a reason but you also have to maintain them and insure they work properly. It is a valid defense and a quite generous one. As you didn't mention the state this happened in I can not fully answer your question, however, if your state is a pure comparative negligence state, the at fault driver (51% or more) can pursue recovery of his damages, which in this case, is only 10%. Additionally, depending on your state's Joint & Several laws, he can recover his 10% from either of you. If this goes to a jury negligence may very well be placed at a higher percentage than 10%. But this is a minor incident, something HUGE must have happened (something you may or may not know about or quite possibly leaving out here) for it to go to court.
Given the nature of a 4 way flasher I don't see how you could be at fault. It is entirely reasonable to assume that you did turn your flashers on and that they did in fact work. It is also reasonable to assume that 2 minutes later they stopped working. that's nature of a flasher - now you have them now you don't.
It is not reasonable to assume that you had a spare flasher in your glove compartment or that given the location of the unit[ under the dashboard] you could change it while your car was stalled in traffic.
Clearly the motorcyclist was not paying attention and he wants you to pay for it.
There is sod all that can be done to prove/disprove that your hazards were not working, so forget that bit (unless your solicitor tells you not to).
When can you not cross at a crosswalk?
If he really hit another vehicle before hitting yours, then it doesn't sound like he stands a chance in court. The fact that he's taking it to court sounds laughable from this angle.
We know it as a Estate the Yanks know it as a Station Wagon?
It is reasonable to purchase a hazard-warning triangle for passenger cars, particularly for circumstances such as thisHow did you feel when you had your first driving lesson?
They help to prevent secondary crashes or crashes happening in the first instance at vehicle breakdowns and are used in the same manner at crash scenes before the arrival of emergency services.
What is wrong with the way I drive? (read details.)?
A good quality unit such as one complying with UN Regulation 27 in Transport (UNECE 27R).
How do you feel when someone tailgates you?
Good luck!
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