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I was hit by a drunk driver...

Discussion in 'Off Topic [BG]' started by FireBug, Dec 24, 2005.

  1. FireBug


    Sep 18, 2005
    I am in Austin at the moment and earlier today I made a wrong turn. Solution? Do a U-turn. I looked for any "No U-turn signs" and didn't see any. I waited til everything was clear and then made my move. So I pull out and out of no where I am rear ended. At first I started to question my own judgement.

    "Was this the proper place to make a U-turn?" Yes.
    "Did I not pull out far enough to see around the curve?" Well I certainly thought so.

    So I pull over and try to keep things cool. The girl that hit me is around my age (19-20) and on the verge of tears. I stay calm and tell her its no big deal. Not that much damage. She seems pretty shaken and I have to admit I was a little rattled too (especially since it is my first accident). I had just assumed it was my fault until she told me that she didn't want me to call a cop because she didn't have her license.

    My initial reaction was: "!"
    Followed closely by "!?!" when she says she has been drinking and "totally didn't see" me. I tried not to let that show through though. She seemed like a nice person.

    Well, we exchanged information, got each others phone numbers and such (maybe I will have someone new to party with next time I am here? who knows...).

    All in all, I think I handled the situation pretty well. My mom is going to have my ass though...ugh. More updates on that when I go back. Hopefully the Christsmas spirit will keep her from flipping out.

    So has anyone else been hit by someone who has been drinking? How did things go?

    EDIT - On a side note, my bass cab and amp were in my back seat and my amp tore a hole in the carpeting of my cabinet :(
  2. Trevorus


    Oct 18, 2002
    Urbana, IL
    You need to report that to the police! You should have called them immediately and had her arrested. Imagine if she had hit someone's wife, and killed them. Imagine the Christmas they would have had. I don't know that they can do anything about it now, but that should have been reported immediately.
  3. Let's just hope that this incident shows her the danger of driving drunk. It may have saved her life, who knows? The way you described her reaction, she seemed to have been very frightened. I just hope she has a clear mind and can learn from that.
  4. FireBug


    Sep 18, 2005
    Well I do have her license plate number and phone number...I need a tape recorder for these things...maybe I should start carrying one around to record conversations.
  5. Trevorus


    Oct 18, 2002
    Urbana, IL
    The recorder thing is illegal, actually. Without consent, you can't do it. You need to report that she admitted to you she had no license and that she had been drinking. In most accidents, especially one like this, you want a cop to come and fill out a full report. That would have taken care of everything.
  6. kserg


    Feb 20, 2004
    London, UK
    how much damage? was it a scratch or more? was she drunk or just drinking?

    If she was drunk of her arse i'd be pretty pissed and called the cops but if she had like a beer then i would do same thing... But if she was drunk then its jail time dumb ****.

    No license doesnt help either... what did she mean no licnese? like she forgot em at home? or she has no idea how to drive?

    I am very pissed about how some people treat driving... i personally think that we should have atleast half of year of classes before we let people drive and if they dont pass tough luck... no license for you... and if they drive with no license we should put them in jail with unlimited supply of condoms...

    Overall if she had no license and she was drunk i'd have her go to jail for long time... I've seen dumb ****s like that... they dont learn... they come to their friends and go "haha i smashed in this guys car and because i got boobs he didnt do anything". and they think that next time they will get away with driving like a drunk ****.

    Sorry about your accedent... hope all goes well...

  7. FireBug


    Sep 18, 2005
    If I remember correctly, the law on recorders is that it is legal as long as one member of the actual conversation knows it is recording. At I think that's how it is in Texas...I dunno.

    Has anyone been in a similar situation?
  8. FireBug


    Sep 18, 2005
    Well, she said she had had a few drinks, but it was the way she said it that really got me. She really seemed scared ****less that she was going to get into some kind of trouble.
  9. kserg


    Feb 20, 2004
    London, UK

    Well she is under 21... if you are under 21 if you eat a yugurt (ok a lot of yugurt) you get DUI... 0.001 is a DUI... yugurt is what? 1% drink... same goes to cold meds. type of stuff... So if she had a beer thats DUI... legally she is busted... realistically thats not drinking and driving...
  10. FireBug


    Sep 18, 2005
    Man, the fact that she wasn't 21 (she certainly didn't look 21)and had been drinking didn't even hit me until now. It just seems normal in Austin. She said she had had a few to drink and I don't know whether it was beers or shots. Who knows? But my entire rear bumper will have to be replaced. I noticed that her hood was popped up out of place. I wasn't hit hard enough to slam my face into the steering wheel, but I came close to it. That's one of the things that scares me; having my nose crammed into my brain by my steering wheel.

    By the way, I was completely sober.
  11. kserg


    Feb 20, 2004
    London, UK
    That was never in question:)
  12. FireBug


    Sep 18, 2005
    Ah, ok good. I just didn't want to have the reputation of being the TB boozehound who mixes intoxicating substances with motor vehicles. :)
  13. giantjerk


    Jan 18, 2003
    Allen, TX
    Generally the State of Tx (and most others for that matter) recognize that a rear end hit is the fault or liability of the rear vehicle. For the sake of simplicity I'm limiting this to the assumption that this is just a two vehicle accident. The breach of duty by the at fault driver is called lack of assured clear distance. There can be a liability offset or exceptions to a rear end hit in light of independent third party witnesses, such as the party in front slamming on their brakes for no apparent reason other than to cause a collision. This is common in fraud cases, even in a set up rear end accident the driver in the rear rarely is fully acquitted of all liability. So is she at fault? Most likely.

    Always call the police. There are several reasons, the police report will contain information that will take alot of time and some money if you try to gather it yourself. They will find the other drivers drivers license number, if they have one, and they will identify the owner of the vehicle, if it is not the driver. Most importantly the police will obtain the other drivers INSURANCE information which is otherwise impossible for you to obtain short of filing a lawsuit. The police will also perform a field sobriety test and/or a breath test if there is an admission of impairment, this is called an admission against interest, or if the officer SUSPECTS the involvement of alcohol. The results of these tests go toward proving the liability or fault of the other driver. You can still go to the police and fill out a report, its generally called a bench report, because it is not taken at the scene of the accident. Make sure you take the information she gave you when you go to fill out the report. Don't wait to go fill out a report.

    Right now as it stands, it is your word against hers. Which is the worst position to be in. She can deny that she was drinking, because afterall you can't prove she was and you can't prove that she made that statement to you. Lastly even the facts of the accident can now be in dispute because its your word against hers as to how the accident happened. If there is no damage to her car she could even deny that the accident occurred.

    Did she give you her address and phone number? Have you attempted to check to see if its real?

    If you have not heard from her, her parents or her insurance company within two days of the accident then you need to get on the ball, track her or her parents down and get the process moving to address the damage to your car, assuming there is damage.

    If there is damage to your car, it is covered under her car insurance, if she has any as is the damage to any personal property inside your vehicle that is damaged.

    My gut tells me that she does not have a license or insurance. Well my gut and 15 years experience in the insurance industry.

    Good luck.

    If your mom gets all bent out of shape tell her you were trying to be nice. Afterall isn't she always after you to be nice?
  14. kserg


    Feb 20, 2004
    London, UK

    dont worry.. the place of a local TB drunkie/stoner is taken by me... :)
  15. *skim*
    nice person?
    she was drinking and driving. she's an idiot.
  16. cheezewiz

    cheezewiz Supporting Member

    Mar 27, 2002
    "Sudden entry from the side" can negate an assured clear distance being the fault of the striking vehicle. Committing a U turn in front of her would certainly qualify as "sudden entry from the side"

    The accident may very well be your fault. HOWEVER, either way, you CONSIDERABLY hurt your position by failing to report the accident immediately. You say she was drinking. Prove it now. You can't. She could just as easily say you were sloshed out of your gourd.

    Without a scene to investigate, an officer that takes the report now will just take your side of the story, her side of the story, and let the insurance companies deal with it.

    ALWAYS call the Police from the scene of an accident and DO NOT leave that scene if you want your rights or claims protected in ANY way.
  17. DigMe


    Aug 10, 2002
    Waco, TX
    Always call police, my man! I have friends that thought all the same things as you "She seems nice, not much damage, etc.." then they are hit with a lawsuit out of nowhere. Calling the police is a CYA thing. They come take the report and can get a good idea of what exactly happened. That way later it's not just your word against their's (and their insurance company's and their lawyer's, etc...).

    brad cook
  18. SteveC

    SteveC Moderator Staff Member Supporting Member

    Nov 12, 2004
    North Dakota
    ARE YOU SERIOUS? You ALWAYS report an accident, no matter what, no matter who's fault. It's worse for all involved if you wait or don't report at all. You have no basis for further action if necessary. Very bad decesion on your part.

    I hope - if she was indeed drunk - that this girl doesn't end up killing someone next time. Sleep well young man. I hope the potential "date" you have in mind is worth it.
  19. Figjam


    Aug 5, 2003
    Boston, MA
    Report her. Itll teach her a lesson. Not only doesnt she have her liscence, but she was drinking underage.
  20. fourstringdrums

    fourstringdrums Decidedly Indecisive Supporting Member

    Oct 20, 2002
    I agree, but if he didn't call the cops after the accident he can't really prove she was drinking or driving without a license after the fact (well unless she literally doesn't HAVE a license, then she's screwed there).