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Wrecks? I don't recommend them.

Discussion in 'Off Topic [BG]' started by Ty McNeely, May 25, 2003.


  1. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Well, I can say I've probably had the most exciting day-before-graduation than anybody else can, but it's not the kind I'd prefer to repeat.

    Here's my story...


    Yesterday morning about 10:00 or 11:00 a.m., I left my house to go run errands in town. I run my errands, grab some lunch and head home to eat. I eat my lunch, then take my truck just down the road from my house to my g/f's work. I pick her car up, take it to get the oil changed, and leave the oil change place. This is where things get fuzzy.

    I turned onto the road heading back towards her bank. Incidentally, this road goes under the interstate that is currently under construction. Anyways, I turn onto the road, and this is the last thing I remember. The story that I've pieced together says that as I was approaching the intersection of the southbound on-off ramps for I-35, an 18-wheeler was in the left lane. I moved into the right lane to go past the 18-wheeler because there is a line of cars getting on the interstate. Somewhere was a flagman with a stop sign. I couldn't see the flagman with the stop sign because of the semi, so I kept going thinking I was OK. A car that apparently didn't see me coming or didn't know whether he was supposed to stop or not either started across from the off-ramp and hit me in the side. My g/f's car rolled 3 times, giving me a major concussion and multiple bumps, bruises, and scrapes (presumably road rash). Thankfully I had my seatbelt on. I ended up staying on the road with the car laying on the drivers side and all windows gone except the drivers rear window. I was well enough to crawl out of the car through the windshield, get in to the median and give approximately five phone numbers to firefighters and medics so they could call my family, although I don't remember any of it. All in all I'm ok, but I have two words: amnesia sucks

    There was one witness who was two cars behind the car the hit me. In his rather dramatic words, the car "just pulled out". Whether or not this means he was supposed to go or wasn't supposed to go has yet to be determined. Another witness left her number with a medic, who then gave the number to an officer. That number has yet to be found. The flagman was a mexican and a translator wasn't found until later.

    The kicker to this whole incident? It was number one of FIVE (yes that is the number 5, F-I-V-E) accidents to occur at the exact same intersection on the exact same day within approximately 5 hours of each other. Is something wrong with this picture?

    Now for a question to any lawfully minded folks out there (police officers, lawyers, anyone who knows traffic law well, etc.)....

    Do I have a chance at a suit against the state or against the company that employs this flagman? Everyone that I've heard (and it's in the police report) says that where the flagman was standing, it would have been impossible for me to see him, thereby making it impossible for me to stop. At any rate, the road I was traveling on has no stop signs, yield signs, lights, NOTHING on the road to make me even think someone else would have the right-of-way, plus I've lived in this town all my life and travel the road quite frequently and know it well. Obviously something is very wrong if there are five accidents at the very same intersection within a matter of hours.

    Anyhoo, thanks for any comments beforehand.

    P.S. For the record, I was going just around the speed limit this time, instead of my usual 5 over--the traffic was too heavy for me to push it.

    Also, all I want out of the suit is for my g/f to get a truck like she wants.
     
  2. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    Believe it or not you'r probably better off without the memories. That's what I was told when I had a big motorbike crash back in 1994. Apparently it's a in-built instinct that blocks the memory of the trauma in order to help you recover from it. I can't remember my accident or anything for 30 minutes afterwards - and I'm glad.

    Thank God you weren't hurt, or worse.

    As for the lawsuit, I don't know how similar our laws are to yours, but here goes. The question becomes "who's fault was it?". There will need to be an investigation and in Austr, that would be dont by the police an d the insurance companies. Obviously everyone will try and blame each other so be prepared to have the finger pointed at you at least once. Once fault is determined, that party becomes liable for all damages which in your case would be the value of the vehicle, plus lost income, plus trauma. You weren't injured and won't need ongoing medical treatment so the trauma portion would not be huge.
     
  3. Tim Cole

    Tim Cole

    Jun 12, 2002
    Findlay, Ohio
    Pete, I too was in a motorcycle accident that resulted in a concussion, I lost a few hours memory beforehand, and about 12 hours afterwards loss in memory. Worst part of it is, it was a one vehicle accident, with no witnesses.....I have no clue what happened, just know what was told to my family from the residents that heard the crash, and came to help. I never knew of a mental block as such, I thought it was part of being concussed......


    Hunter, I am very glad to hear you are okay, it sounds like you took a nasty one for sure. I'm sorry if I seem harsh, but I disagree with the idea of suing just to get something. You would probably cost someone their job, which sucks. They are called accidents for a reason....they are just that, accidents. That is why we all pay insurance! I think the ethical thing to do would be to just suck it up and move on, but since it sounds like you were in a lane that you probably weren't supposed to be in, who knows how this will turn out.

    Regardless, best of luck to you.
     
  4. lump

    lump

    Jan 17, 2000
    St. Neots, UK
    Ty,

    Glad you're okay. I rolled a Jeep once (okay, twice) and it was decidedly un-fun. Based on my experience, my totally legally-unqualified advice is:

    What Pete said. For now, stand back and let the insurance investigators handle it. If the state is culpable, the insurance companies will squeeze every penny out of it that they can. The fact there were five accidents in a five hour period, and the police report reflects the inadequacy of the flagman, suggests to me that as the driver you may eventually walk away with a little extra cash for the injury/trauma. If you haven't been checked out by a doc yet, DO IT ASAP. I would also take pics of the injuries. Don't expect a lot though - they don't award for what COULD have happened, just what DID. Bruises and road rash are probably only going to get you a few grand. And let them make the offer. If you get greedy and start suing people the case will drag on for years. It should not affect the award to your girlfriend though; she will only get the value of the vehicle no matter what the circumstances. And although it's a nice gesture, if the accident was truly not your fault, you should not feel compelled to give your girlfriend money for trauma YOU suffered, unless you really want to. :)

    Good luck!
     
  5. hujo

    hujo

    Apr 18, 2001
    Stockholm, Sweden
    I've been at numerous crashes as a fireman, and I'm always as surprised that so many people come out of this kind of crashes with relatively small injuries.. You're lucky you didn't get hurt more, but take it very slow for a couple of days, many people with whiplash and other injuries walk in to the emergency room several days after their accident..
     
  6. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Pete,

    I know for a fact that I'm better off without the memories. I've had one other wreck (also not my fault), and my g/f was with me then. I had nightmares for months that consisted of me seeing the car coming at me, then everything blacking out and me hearing my girlfriend scream. Nobody was hurt at all in that accident, but the sound of crushing metal and screams are plenty.

    As for "who's fault was it?", it's in the police report that it is solely the flagmans fault. I know the insurance company's will investigate, but the fact is that the GMC Jimmy my g/f had wasn't worth more than about $4,000 or $5,000, so it's going to be hard to find anything comparable for what we're going to get from insurance.



    Lump,

    No worries, I have been checked out by a doctor, although if you asked me I would say that I hadn't:p I don't remember ever being at the hospital, don't remember riding in the ambulance to get there, don't remember crawling out of the car, don't remember talking to ANYBODY, but I did all of it according to family and doctors and such. My concussion/amnesia was apparently severe enough that I simply don't remember anything that happened immediately before, during, or after the accident for about 5 hours.

    The kicker to the whole story is the fact that the investigating officer on scene specifically told my girlfriend that it WAS the flagmans fault because I could NOT see him, but that the fault could not be placed on someone outside a vehicle involved in the accident. That's why my ideas of pressing charges against the state come in--it was specifically his fault, so why should my insurance company be forced pay? The accident was ruled no fault by the officer, so that means everybody's insurance pays for the damage done but nobody's premium goes up.

    It's really not about greed or anything else to me. I'm extremely sore, but other than that I'm OK. I'm just pissed off that apparently the state or the company that employed this flagman doesn't have sense enough to realize that something is wrong after the first accident, much less five. I could care less if I get anything for my injury. Honestly all I want is for my g/f to get a truck. If they feel like giving me something else I'm not going to complain, but someone should definitely pay for their stupidity.
     
  7. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    After looking at the car, I have no doubt that I'm extremely lucky. As I said, I have already been to the emergency room, been checked out, etc. I'll try and get pics of the car on here when I can.
     
  8. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Here's a fairly up-close picture of the car. Since the wreck was on Friday and we couldn't get out to the salvage yard until Saturday, they were closed and we had to take the pics through a chain-link fence. You can still get the basic idea.
     
  9. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Here's a fairly up-close picture of the car. Since the wreck was on Friday and we couldn't get out to the salvage yard until Saturday, they were closed and we had to take the pics through a chain-link fence. You can still get the basic idea.

    P.S. I'm terrible with altering pictures and since this was taken with a digital camera I had to downsize it to make it small enough. It's kind of obvious that the pic has been altered, but you can still see the car.
     
  10. Johnny BoomBoom

    Johnny BoomBoom Supporting Member

    Jun 8, 2001
    Glasgow, Scotland
    hunter.......may sound weird but I'm just glad you're still here to tell us your tale! Cars can be replaced, OK maybe not with exactly what you had, and life may need a bit of adjustment!

    I'm just thankful that you're OK, and have hopefully no lasting injuries! I do hope that you come out with enough $$$$ to get a decent replacement too, just that cars are easier to replace that TalkBassers!!:)
     
  11. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX

    Hey man--let me tell you that NOBODY is as glad as me to still be able to tell the tale. If you looked at the car, all it would have taken is for the drivers side to look like the passengers' and I probably WOULDN'T be here to tell it.
     
  12. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    I'm not a lawer, but I did have to study some legal subjects to get my accountancy degree. Reading this post caused flashbacks to my "Torts" subjects, specifically the topic of "Negligence".

    If the state failed to take measures after the first accident, then there's a chance you could file a civil suit for negligence on the grounds that reasonable action would have prevented your accident entirely. Notice I made a distinction between "Civil" and "Criminal". The police would have been pointing fingers from a criminal perspective........

    Again, I don't know that you'll get rich from it, but if you're going to get anythng at all, this would be the avenue.

    Oh and this business about fault not being able too be pinned on someone outside the car, that's a silly law IMO......
     
  13. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    To my understanding, mine wasn't the first wreck. A man was nearly killed when an eighteen wheeler pulled out in front of him and he slid his Harley under it. The story goes that this man grabbed onto the axle of the eighteen wheeler to keep it from running over him.

    Anyways, another twist in the case is the fact that the flagman couldn't speak a word of English, which I've heard is against the law as well. Either way, this sounds like a serious case of negligience by the state or whatever contracting company is doing the work.

    I'm not looking to get rich. I've never been that type. I simply want my g/f to get a decent car to replace the one she had. She wants a Ford F-150 SuperCrew, but who knows....

    tell me about it!
     
  14. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    :eek: He was alert enought to do that? The man has bigger balls than me. I wouulda blacked out and woken up to either the harps of heaven or the accordions of hell.
     
  15. LiquidMidnight

    LiquidMidnight

    Dec 25, 2000
    You just had to put an accordion joke in there, huh? :D

    Glad you're okay, Hunter. Not only did you survive, but you also don't have permenant injury. (such as paralysis) Of course, you probaly don't need me to tell you that.
     
  16. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    No joke! Heck I was in a car and don't remember a thing, although apparently I had the brains to try and get outta the way. I couldn't imagine that though.




    Liquid-

    It's true that there are no permanent injuries, as long as my memory will come back! I've always had an excellent memory but I'm having serious, serious trouble remembering anything right now. I've found myself checking TB one minute, then coming back 5 minutes later and finding that my post STILL hasn't been answered (Ah! The nerve!!! :p ). I have no doubt that it will come back as it is SLOWLY returning.
     
  17. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    I hate to bump my post, but I'm wondering what others' thoughts are.....
     
  18. That you were a lucky-@$$ bastard.:D

    Document everything, and get everything you can in writing. Doctor bills, copies of the police report, insurance claims, the whole lot. That way if a suit CAN be filed, the person representing you has all the information at their fingertips, and can prepare a solid case for you.

    Good luck. And stay away from that spot for a while!! It sounds pretty bad.:eek:

    Rock on
    Eric:bassist:
     
  19. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    No joke!

    Working on that now. The biggest thing now is trying to sort through all the personal items in the car to claim for loss through insurance. My g/f had ~$650 worth of CD's in there, and $60 worth of CD cases!! I had a brand new Motorola flip phone, a decent pair of Oakleys, a Fossil watch, and a brain that were all damaged in the wreck. The police report is supposed to come out tomorrow, so we'll find out for sure what the cops say about it in a few days.

    I'm definitely staying away. I was leery of even going to look at the marks in the road the day after the wreck :eek: !