Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 7/15/2014 5:32:36 PM EDT
I'm towing my son's F150 with my Durango on Rogers lane heading towards HWY 62 in Lawton. We get to the long curve before your on 62 and traffic looks like it's moving slow. Truck in front of me slams on his brakes. With my cat like like reflexes and lighting quick mind I swerve into the left lane to avoid rear ending asswipe in the truck.

But.... I hit the gravel on the median and start to slide. I correct the steering and I think I've got this. No cars in front of me so I think I'm good. Then the F150 I'm towing starts to push my Durango.

And here we go. Fucking truck jack knifes my Durango and I do a 90 degree turn right into this unsuspecting lady in a Honda SUV. I saw the whites of her eyes right before her side air bag slammed her in the head. I bounce off her car and end up in the ditch in front of her. The F150 passes the Durango on the left and proceeds to drive itself about 100 yards out into this guys field. Straight as an arrow until it came to a stop in a ditch.

My son and I jump out and check to see everyone is ok. Front bumper ripped completely off the F150 but is still attached to the tow bar on the back of the Durango.

Her car is totaled and the Durango has a busted headlight and side mirror. No other damage. Go figure. Cop does not issue me a ticket due to the gravel the city placed on the side of the road into the median.

Truck that started all this takes off a soon as the accident occurs but the cops pull him over around the corner on 62. His license was expired since 2009 and his insurance is expired since 2010. Karma's a bitch.
Link Posted: 7/15/2014 6:50:47 PM EDT
[#1]
Holy crap! Glad everyone is ok!  Unfortunately, you will very likely end up paying for the damage despite not being cited.  Dang...that really sucks...hope your insurance takes care of it and it doesn't get too messy legally.
Link Posted: 7/15/2014 6:56:51 PM EDT
[#2]
Dang! Sorry to hear, but glad everyone is okay as property is much more replaceable.
Link Posted: 7/16/2014 10:19:16 AM EDT
[#3]
Glad you and your son were okay.  I'm sure you guys might be feeling a little sore today though.  Other lady okay?

Gotta figure that guy in front of you was a scumbag.  Who wouldn't stop after seeing that kind of accident?

I'm sure the cops asked the guy why he slammed on the brakes, what was his answer?    Was he taken to jail?
Link Posted: 7/19/2014 6:17:49 AM EDT
[#4]
Just picked up the police report and it is marked that I committed a parking violation, specific-other. WTF? I only had liability but that will take care of her car. She was standing around for about 2 minutes waiting on a tow truck so her ABC's were intact.
Link Posted: 7/19/2014 2:50:53 PM EDT
[#5]
I would think it would be a moving violation "traveling too close"... In any situation where you are unable to stop in time to avoid something the person in front of you does you are guilty of following too closely.  Changing lanes to avoid hitting the guy in front of you is proof you were traveling too close, even if the guy in front of you was doing something stupid.  So changing lanes to avoid him and the resulting accident all stems from the original inability to stop fast enough to avoid the guy who stopped in front of you.  I know it all sounds senseless but it is the standard by how these type accidents are decided as to who is responsible and liable for all damage.  

I'll cross my fingers for you but be prepared it might get worse.  When I was a teenager I was in an accident where I was northbound and turned left into the path of a southbound car.  The southbound car was speeding through a school zone but....the area wasn't "officially" designated as a school zone at the time so she wasn't charged with the speeding.  She was driving a huge old Lincoln (the heavy steel ones) and I was in a newer compact ford.  My car's front passenger side was completely destroyed, I took the windshield out with my head.  She was uninjured and her car had no damage except a broken headlight and bezel.  She later sued me and won because she said she developed a pain in her neck after the accident and her doctor gave her pain meds to which she became addicted and had to go to rehab.  All this was supposedly my fault despite the fact she was speeding through a school zone but since she beat that on a technicality, her 55 mph in what was supposed to be a 25 it fell on me.  Totally unfair but she won the lawsuit for $40k+.  Turns out later it was complete BS and she faked the whole pain med addiction thing because her husband had just left her penniless and a lawyer friend turned the accident into a money maker for her.

Just saying, it might get bad so consider lawyering up.
Link Posted: 7/20/2014 9:34:52 PM EDT
[#6]
Shouldn't the insurance company provide legal counsel if a lawsuit is filed?
Link Posted: 7/23/2014 6:46:42 AM EDT
[#7]
I wasn't sited because I wasn't following to close despite your opinion Brandi. The police report was a check the box kind of document and did not have a option for sliding on gravel while towing a vehicle. The mistake I made was staying on the brakes too long causing the towed vehicle to push and jackknife my car. Had I not made impact with the Honda, My son's truck would still have broken away from mine after the bumper ripped off from jack knifing.

Spoke to the liability adjuster and my story matched the story of the lady I hit and yes the fault is mine, not for following to close but loosing control.
Link Posted: 7/23/2014 11:11:38 AM EDT
[#8]
I was involved in a rear end collision however I was not cited for following too closely.  Infact, the OHP trooper noted "no improper action" on my part.  

The other driver (suspended license and no insurance) was dead stopped in the center lane portion of I-40 west (the old crosstown portion, just prior to Western).  The driver in front of me swerved at nearly the last second to avoid the parked car.  Instead of swerving and risking a nasty rollover at 55-60 mph I hit the brakes and slammed damn hard into the criminal.

Thanks to the Lord above, and also my seatbelt and airbag I was unharmed.  Other guy was unharmed as well, and was handcuffed and took a "free ride" for pictures and finger paints.  
Link Posted: 7/23/2014 12:28:50 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I wasn't sited because I wasn't following to close despite your opinion Brandi. The police report was a check the box kind of document and did not have a option for sliding on gravel while towing a vehicle. The mistake I made was staying on the brakes too long causing the towed vehicle to push and jackknife my car. Had I not made impact with the Honda, My son's truck would still have broken away from mine after the bumper ripped off from jack knifing.

Spoke to the liability adjuster and my story matched the story of the lady I hit and yes the fault is mine, not for following to close but loosing control.
View Quote


It's up to the officer what he cites you for.  Following too closely is one of the options but depending on the situation the officer can pick and choose.  Often times if he/she finds that there is a large disparity in fault and real life they will go easy on the person who was following too closely and write a citation with a lesser penalty.  They are required to determine fault but how hard they stick each party has much to do with officer discretion.  It doesn't mean you weren't guilty of that, it just means that the officer helped you out a bit.  If you see the officer who wrote the citation again someday you should say "thanks".
Link Posted: 7/23/2014 1:05:21 PM EDT
[#10]
He couldn't write me a ticket for following too close because he did not observe the accident. Doing so would have been pure speculation on his part based on zero evidence. The only skid marks were where I hit the gravel and my vehicle started to skid into a jack knife.

I surmise he didn't give me a citation because he was responsible for traffic being stopped on an on-ramp to the highway. He stopped traffic due to a funeral procession but he was so far around the corner, the reason for stopped traffic was unclear from the accident site.

I appreciate everyone's comments but I did not come on here claiming innocence for the accident. Just sharing a moment in my life. That is all.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top