Need Expert Advice Regarding An Accident

[buster84]

What is the name of your state (only U.S. law)? California

I want to start off by mentioning that i contacted 2 lawyers, but they wont take my case since i don't have medical proof of my injury. They said that cases without injuries don't get them the a settle worth fighting for. I'm still looking for a lawyer, in Northern California and if you happen to be one and read this please contact me.

I've included a photo of the scenario, and photos of both cars.

I live in Sacramento California, and recently moved to a new house, and to get there you have to drive on el centro road. We'll i started out driving on el centro road and made a left hand turn, to turn onto hawkview drive. The other car was traveling the opposite direction on el centro. I completed my turn and was 95% through the turn, when i got hit. At first i was shocked that i even got hit because when i made the left the car was pretty far back. He sideswiped the rear bumper of my car, hitting my rear bumper at a 90degree angle. He never swerved or slowed down. After getting hit I got his insurance info, then asked him how fast he was going. He said 45. This street has zero speed limit signs because of that California law makes the speed limit an automatic 25mph.

After the accident i find out that my insurance wont cover me. I screwed up and forgot to add the new car to the policy within 30 days. After my insurance company decided not to cover me (took over a month) I spent my time arguing with AAA. They called me and asked for a statement, she asked me very few questions (like 3-4) and never recorded the conversation (at least she never asked to (illegal if she did without my permission)). Then once AAA heard that my insurance wont cover me they immediately sent me a letter blaming me for the accident with California vehicle code 218001 (a), but before receiving that letter i told AAA that he admitted to speeding, but AAA told me that unless i can prove that I'm at fault. I also told them that i finished the turn and that he was obviously not paying attention since he never swerved or hit the breaks (I think that he might have been on the phone, but i cant prove it unless i can somehow get phone records, but that seems impossible to me) His car hit my car at full force.

The damage to my car shows exactly where he impacted me, and shows how hard i was hit. I asked AAA to tell me how fast he said he was going and they wouldn't tell me. I asked for a statement and they declined. I then told them that the street has no speed limit signs and because of that the speed limit is 25 and I told them that i needed to know his speed limit and she told me that its for me to find out on my own. Then she asked to see my car and see the damages to the car, so i sent her a few photos of what i had at the time. She also told me that they would investigate the street in question and send someone out to look at the damages in person. The car sat at the dealer for over a week and every AAA representative that came out ignored my car.

Since then i just had the dealer fix the car, but then once they did a tear down they discovered much more damage behind the bumper (in photos). The inside metal compartment was pushed in pretty good and that would only happen with lots of force. AAA knows the tactics and are playing them well by declining me access to his statement, (speed in question) and failing to do a proper investigation.

Other than civil court what can i do? Is there any lawyers that will take my case? Are there any experts that i can pay to examine the scene and the photos damage to give an estimate of the minimum speed the other driver would have to have been going to damage my car the way he did? he also popped his front right tire which to me seems very obvious that he had to have been going fast since tires require extreme pressure to pop.

Here is the diagram that i made. My car is the blue bmw. I took car pics from Google maps to help diagram it lol. There are also no stop signs or yield signs and area is a residential area. Lots of homes, and condos right before that turn and after it.
http://home.comcast.net/~mathew82284/Accident.jpg

Link to pictures
http://home.comcast.net/~mathew82284/accident.zip

 

[OHRoadwarrior]

It appears obvious you turned in front of a car. He has no legal obligation to miss you. You have no proof he was speeding. You should invest your resources paying for all the damages, before your license is suspended.

 

[buster84]

Money is not an issue, its the principle and the fact that he's lieing that bothers me the most. I've already paid 6k to fix my car which is not a big deal, if it costs me more to prove its his fault so be it. When i made the turn it was safe to do so. I couldn't predict that he was going almost twice the speed limit meaning that he would get to the intersection twice as fast. He already admitted it to me and i wish i had recorded that, but i don't. There are other ways to determine speed. The police do it all the time, I just need to find an expert and pay them. I just don't know where to look.

 

[ecmst12]

It will cost you far, far more than you ever have hope of recovering to hire a lawyer at an hourly rate AND all the experts you'd need to *maybe* prove the other guy at fault. Thousands and thousands more.

And no matter how fast he was going, he still had the right of way.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I want to start off by mentioning that i contacted 2 lawyers, but they wont take my case since i don't have medical proof of my injury. They said that cases without injuries don't get them the a settle worth fighting for. I'm still looking for a lawyer, in Northern California and if you happen to be one and read this please contact me.

I've included a photo of the scenario, and photos of both cars.

I live in Sacramento California, and recently moved to a new house, and to get there you have to drive on el centro road. We'll i started out driving on el centro road and made a left hand turn, to turn onto hawkview drive. The other car was traveling the opposite direction on el centro. I completed my turn and was 95% through the turn, when i got hit. At first i was shocked that i even got hit because when i made the left the car was pretty far back. He sideswiped the rear bumper of my car, hitting my rear bumper at a 90degree angle. He never swerved or slowed down. After getting hit I got his insurance info, then asked him how fast he was going. He said 45. This street has zero speed limit signs because of that California law makes the speed limit an automatic 25mph.

After the accident i find out that my insurance wont cover me. I screwed up and forgot to add the new car to the policy within 30 days. After my insurance company decided not to cover me (took over a month) I spent my time arguing with AAA. They called me and asked for a statement, she asked me very few questions (like 3-4) and never recorded the conversation (at least she never asked to (illegal if she did without my permission)). Then once AAA heard that my insurance wont cover me they immediately sent me a letter blaming me for the accident with California vehicle code 218001 (a), but before receiving that letter i told AAA that he admitted to speeding, but AAA told me that unless i can prove that I'm at fault. I also told them that i finished the turn and that he was obviously not paying attention since he never swerved or hit the breaks (I think that he might have been on the phone, but i cant prove it unless i can somehow get phone records, but that seems impossible to me) His car hit my car at full force.

The damage to my car shows exactly where he impacted me, and shows how hard i was hit. I asked AAA to tell me how fast he said he was going and they wouldn't tell me. I asked for a statement and they declined. I then told them that the street has no speed limit signs and because of that the speed limit is 25 and I told them that i needed to know his speed limit and she told me that its for me to find out on my own. Then she asked to see my car and see the damages to the car, so i sent her a few photos of what i had at the time. She also told me that they would investigate the street in question and send someone out to look at the damages in person. The car sat at the dealer for over a week and every AAA representative that came out ignored my car.

Since then i just had the dealer fix the car, but then once they did a tear down they discovered much more damage behind the bumper (in photos). The inside metal compartment was pushed in pretty good and that would only happen with lots of force. AAA knows the tactics and are playing them well by declining me access to his statement, (speed in question) and failing to do a proper investigation.

Other than civil court what can i do? Is there any lawyers that will take my case? Are there any experts that i can pay to examine the scene and the photos damage to give an estimate of the minimum speed the other driver would have to have been going to damage my car the way he did? he also popped his front right tire which to me seems very obvious that he had to have been going fast since tires require extreme pressure to pop.

Here is the diagram that i made. My car is the blue bmw. I took car pics from Google maps to help diagram it lol. There are also no stop signs or yield signs and area is a residential area. Lots of homes, and condos right before that turn and after it.
http://home.comcast.net/~mathew82284/Accident.jpg

Link to pictures
http://home.comcast.net/~mathew82284/accident.zip

As I see it, you have several problems to overcome:

• You entered an intersection without making sure that it was safe to do so (it wasn't, since you weren't able to completely turn without getting hit).
• You have no evidence to support the cause or the circumstances of the accident because you failed to get a police report. (While a police report itself wouldn't be proof, it could at least provide an unbiased opinion of what actually happened. Plus, if the other driver was speeding as you claim that he admitted to doing, then the police could have cited him for speeding. No one is going to take YOUR word for it.)
• You were uninsured. (And AAA, which I presume is the other driver's insurance, isn't obligated to investigate if they have no reason to believe that their insured wasn't at fault. They most certainly aren't going to pay out on a claim filed against their insured when their insured wasn't at fault, either.)
• You have no proof that this alleged injury you claim to have sustained in the injury actually happened, or happened as a result of the accident.

No attorney is likely to take on your case unless you pay them a retainer to do it. Even then, there's absolutely NO guarantee of winning based on the HUGE gaps of missing documentation and evidence to support your position.

Next time, call the police to report the accident and make sure your insurance is current and in force when you drive. For now, you appear to be on your own to pay for your damages and medical expenses.

 

[justalayman]

.

When i made the turn it was safe to do so

.apparently not or you wouldn't be here asking what you are.

I couldn't predict that he was going almost twice the speed limit meaning that he would get to the intersection twice as fast.

seriously? Then maybe you shouldn't be driving because judging the speed of other cars is a critical part of driving safely. If you cannot do it, then you problably shouln't be on the road since that is what allows you to determine if it is safe to turn left in front of another vehicle.

He already admitted it to me and i wish i had recorded that, but i don't. There are other ways to determine speed. The police do it all the time, I just need to find an expert and pay them. I just don't know where to look

but him speeding isn't what caused the accident. You turning into his right of way was the cause of the accident.

 

[CdwJava]

That roadway was too wide and divided and as such never likely to be at 25 MPH so I looked into it. The speed limit on El Centro through there is 50 MPH per Sacramento City resolution 2012-223 (from June 2012). Also, if you use Google maps you WILL find a 50 MPH sign along that stretch of road. If the other driver was doing 45, he was traveling too slow.

The CVC requires you to yield until your turn can be made in safety. The fact that you got struck by an oncoming vehicle is prima facie evidence of an unsafe turning movement.

21801. (a) The driver of a vehicle intending to turn to the left or
to complete a U-turn upon a highway, or to turn left into public or
private property, or an alley, shall yield the right-of-way to all
vehicles approaching from the opposite direction which are close
enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the
approaching vehicles until the left turn or U-turn can be made with
reasonable safety.​

Sorry, but even with a host of expensive attorneys (costing well over $5,000), and collision reconstructionists (costing at least half that much), it is very unlikely that you can beat the rap on this one.

Consider yourself lucky that the police did NOT get involved. had they done so you would now be facing the likelihood of large fines for the failure to yield and for not having insurance - and maybe even a temporary suspension if the judge or commissioner was in a particularly foul mood.

 

[buster84]

That roadway was too wide and divided and as such never likely to be at 25 MPH so I looked into it. The speed limit on El Centro through there is 50 MPH per Sacramento City resolution 2012-223 (from June 2012). Also, if you use Google maps you WILL find a 50 MPH sign along that stretch of road. If the other driver was doing 45, he was traveling too slow.

The CVC requires you to yield until your turn can be made in safety. The fact that you got struck by an oncoming vehicle is prima facie evidence of an unsafe turning movement.

21801. (a) The driver of a vehicle intending to turn to the left or
to complete a U-turn upon a highway, or to turn left into public or
private property, or an alley, shall yield the right-of-way to all
vehicles approaching from the opposite direction which are close
enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the
approaching vehicles until the left turn or U-turn can be made with
reasonable safety.​

Sorry, but even with a host of expensive attorneys (costing well over $5,000), and collision reconstructionists (costing at least half that much), it is very unlikely that you can beat the rap on this one.

Consider yourself lucky that the police did NOT get involved. had they done so you would now be facing the likelihood of large fines for the failure to yield and for not having insurance - and maybe even a temporary suspension if the judge or commissioner was in a particularly foul mood.

The speed limit is 50 much further up and on the other side of 4 way stop light. There is no way that the speed limit in this residential area could be 50. Much further up is not residential so that speed limit is 50. If that's the case then the city needs to post speed limits because there are no signs anywhere near that area. That area is a residential area and that also means that the speed limit was posted needs to be fixed. Speed limits change all the time when you go through an intersection and if it doesnt they have signs on the other side of it. on this side of the light there are no signs. I checked.

 

[buster84]

The speed limit is 50 much further up and on the other side of 4 way stop light. There is no way that the speed limit in this residential area could be 50. Much further up is not residential so that speed limit is 50. If that's the case then the city needs to post speed limits because there are no signs anywhere near that area. That area is a residential area and that also means that the speed limit was posted needs to be fixed. Speed limits change all the time when you go through an intersection and if it doesnt they have signs on the other side of it. on this side of the light there are no signs. I checked.

for some reason i cant edit my last post. Its grayed out. Can you provide me a link to where you seen the speed limits. I've been looking for a site that lists all that.

 

[sandyclaus]

The speed limit is 50 much further up and on the other side of 4 way stop light. There is no way that the speed limit in this residential area could be 50. Much further up is not residential so that speed limit is 50. If that's the case then the city needs to post speed limits because there are no signs anywhere near that area. That area is a residential area and that also means that the speed limit was posted needs to be fixed. Speed limits change all the time when you go through an intersection and if it doesnt they have signs on the other side of it. on this side of the light there are no signs. I checked.

You're not getting it.

REGARDLESS of whether or not the person was speeding (if they were speeding at all), that was NOT the cause of the accident. The apparent cause was that you failed to yield right-of-way to the vehicle traveling on the road you turned onto. Your assumptions and inexperience caused you to miscalculate the distance between that oncoming vehicle and the intersection, and you didn't allow enough time to safely enter the highway.

YOU caused the accident. YOU were uninsured. YOU are responsible for the damages to your own vehicle and YOU are responsible for paying your own medical bills that resulted from the injuries you sustained in the accident.

 

[buster84]

You're not getting it.

REGARDLESS of whether or not the person was speeding (if they were speeding at all), that was NOT the cause of the accident. The apparent cause was that you failed to yield right-of-way to the vehicle traveling on the road you turned onto. Your assumptions and inexperience caused you to miscalculate the distance between that oncoming vehicle and the intersection, and you didn't allow enough time to safely enter the highway.

YOU caused the accident. YOU were uninsured. YOU are responsible for the damages to your own vehicle and YOU are responsible for paying your own medical bills that resulted from the injuries you sustained in the accident.

Your wrong, if a person is speeding that is negligence. That defaults him to be at fault since the accident wouldn't have happened if he wasn't going almost twice as fast as the speed limit. The problem looks like a city issue and ill take a trip to city hall or where ever else i need to to find out exactly whats up. The nearest speed limit sign is over a half a mile away and on the other-side of a stop light. If the speed limit is 50, then i'll take it up with the city and make sure that they either post signs or get it re-evaluated. Children walk across that street every day to get to the cross walk on the other side and because of that no one should be going 50 in that area.

Like i said before its not about the money. I make a lot and that's not a problem. Its about the moral aspect of it. If I'm at fault then I'm at fault, but before i accept any fault im going to find out the exact area of the speed limits on that street and check the law about speed limits passing through 4 way stop lights. As for the insurance, I have insurance i just forgot to add the car to it right away. I thought the wife did, we both screwed up on that. Either way if i had insurance it still wouldn't matter I'd still fight it no matter what if the speed limit is messed up. I bought a house here and i plan to get the exact details and address to the city. The law does say that you need to yield, but factors change when someone is a negligent driver and that's what I'm trying to find out.

 

[buster84]

I forgot to mention a police report was filed by me right after the indecent. I called 911 and they refused to send anyone out since no one was injured. I tried to get them to come out, but they said without an injury they wont come.

 

[sandyclaus]

The problem with your story is that we only have YOUR word that the other driver was speeding. Absent proof that he was, then you have no case and nothing to pursue.

You go right ahead and take it up with the city, but for now, I believe our work is done here.

 

[CdwJava]

The speed limit is 50 much further up and on the other side of 4 way stop light. There is no way that the speed limit in this residential area could be 50. Much further up is not residential so that speed limit is 50. If that's the case then the city needs to post speed limits because there are no signs anywhere near that area. That area is a residential area and that also means that the speed limit was posted needs to be fixed. Speed limits change all the time when you go through an intersection and if it doesnt they have signs on the other side of it. on this side of the light there are no signs. I checked.

With a divided roadway it is almost certainly NOT going to support a 25 MPH speed limit. Using the street view on Google maps I found a 50 MPH northbound on El Centro a little ways up from the Hawkview turn.

This list appears to cover the area of El Centro where this existed occurred.

http://www.cityofsacramento.org/transportation/dot_media/engineer_media/pdf/speedlimitslist.pdf

And all because it might be a residential area does NOT automatically require the speed limit to be 25 MPH. If not otherwise posted, perhaps ... but, if there are signs (as I found) then, no.

Besides, it is STILL incumbent upon the turning party to yield to oncoming traffic and not start a turn until it can be completed in safety.

Your wrong, if a person is speeding that is negligence. That defaults him to be at fault since the accident wouldn't have happened if he wasn't going almost twice as fast as the speed limit.

No ... that's not true. Besides, I found a speed sign indicating it was 50 MPH. And, even if it were for some very strange reason it was 25 (which would almost certainly NOT be supported by an engineering survey and thus impossible to enforce), you still forget about the requirement to yield. His speed might well be a contributing factor, but the PCF (primary collision factor) will still almost certainly be owned by you.

Oh, and in the interest of full disclosure, I am a collision investigator with a municipal police department. I could make some opinions based upon the photos of the vehicles, but without seeing the roadway where the collision occurs, my speculation would not be as strong as I might like.

Question: You indicated that an airbag went off ... whose? Yours, or the other cars? I suspect it is the other car's.

Like i said before its not about the money. I make a lot and that's not a problem. Its about the moral aspect of it.

So, you're willing to spend nearly $10,000 (on the low end) just to avoid having the other insurance company hand you the title of being at fault? If that's what you want, go for it.

As for the insurance, I have insurance i just forgot to add the car to it right away. I thought the wife did, we both screwed up on that.

It's a moot point unless your insurer suddenly decides to declare you covered.

The law does say that you need to yield, but factors change when someone is a negligent driver and that's what I'm trying to find out.

As a note, one can be entirely in violation of the the CVC and STILL not be at fault in a collision.

I forgot to mention a police report was filed by me right after the indecent. I called 911 and they refused to send anyone out since no one was injured. I tried to get them to come out, but they said without an injury they wont come.

So, NO police report was filed. You called, but they did not respond. As you were informed, without an injury they are not legally required to respond. And, given the reduction in police personnel these days, they really do not have the resources to expend on a non-injury collision report that is largely done for the benefit of the insurance companies. The police department would pay for a few man hours worth of work in order to turn it over to the insurance companies for a few bucks. Not quite worthwhile for a non-criminal event.

 

[CdwJava]

And, from the city of Sacramento dated 7/31/12:

http://www.cityofsacramento.org/transportation/dot_media/engineer_media/pdf/speedlimitmap.pdf

El Centro is ALL 50 MPH. So, the other vehicle was NOT traveling too fast. You failed to yield to oncoming traffic as required. You really have no defense here. But, if you want to dazzle the other side with legalese and reconstructions, you are free to spend thousands of dollars to give it a go. But, the end result will almost certainly be the same and you will not receive any compensation.