Worth talking to an attorney?

[alaska81]

So I have an older vehicle pretty typical to Alaska. 1999 Saturn. Not worth a ton so it’s insured with liability only. It’s my winter driver since it has studded tires.

Returning from work a few days ago, I was coming around a corner and up a hill on a 2 lane Hwy. 55 mph speed limit and I was traveling 45 because it was dark and icy. So I could see around the curve that there was an approaching vehicle because I could see the lights and flipped my brights off. Came around the curve and bam, instantly blinded by brights. Looked over towards the right line to let my eyes adjust for a second. Looked back up and realized oncoming vehicle is in my lane. So foot off the gas and start braking and trying to see what my options are. I can see more headlights in the other side coming at me from the other direction and I was sliding and knew it was too late to stop. So I aimed for the shoulder. As it turns out they were parked there with their trailer aimed off on the shoulder trying to get a roadkill moose. I couldn’t tell they were stopped and it was a very short distance from the curve to where they were parked so I didn’t have much reaction time. I ended up clipping their front passenger corner of their bumper with my rear drivers side door. Stopped immediately after that which was good because their trailer was right behind and I couldn’t even see it until I stopped. No hazard lights, no flares. My car is obviously totaled, gas tank leaking, door pretty much toast and damage to the support between the doors and broken glass. But also I am injured. My shoulder, I have tendon and ligaments damaged and a broken clavicle from the seatbelt and I will be out of work for awhile. Damage to their vehicle is minimal and luckily I avoided hitting them because they were off behind the trailer and if I’d made it further off the shoulder I would have hit them.Once my tires were on the shoulder I had even less stopping power I was just trying to avoid a head on collision.

Alaska has the comparative fault type of insurance rules. Is this something the insurance companies will handle or do I need a lawyer? Obviously my damages are much greater and they created an extremely unsafe situation.

 

[Zigner]

Let me make sure I understand this: You lost control of your vehicle and hit a stopped truck. Is that right?

 

[alaska81]

No, never lost control of the vehicle. Just came around a blind curve and was immediately confronted with a vehicle parked in my lane with their brights on. I had less than 1/4 mile to stop between the curve and where they were sitting in the road. Once the police arrived, their vehicle also almost got hit by someone coming around that curve. Other vehicle was cited for obstructing the road, I was not cited.

 

[alaska81]

And I would agree with you that I was at fault had they been on their side or on the shoulder however they were parked fully in the lane of travel. Between the lines not off to the side at all. No one expects to come around a curve and meet a vehicle parked in their lane with the brights on. If they had used the hazards at least I would have been able to see the blinking lights before I came around the corner.

 

[quincy]

You should report the accident to your insurer.

 

[Zigner]

I can see more headlights in the other side coming at me from the other direction and I was sliding and knew it was too late to stop.

Yes, you did lose control of your vehicle. In addition, you were traveling too fast for conditions (as evidenced by your inability to stop for a vehicle in the road). Definitely report this to your insurer, as you are required to notify them of any possible claims against you.

If you want to have any hope of showing that they should be found liable (something I'm not convinced they are), then you will definitely need an attorney.

 

[alaska81]

Yes, you did lose control of your vehicle. In addition, you were traveling too fast for conditions (as evidenced by your inability to stop for a vehicle in the road). Definitely report this to your insurer, as you are required to notify them of any possible claims against you.

If you want to have any hope of showing that they should be found liable (something I'm not convinced they are), then you will definitely need an attorney.

I have reported it to my insurer. Alaska is a comparative fault state and I fully understand that I carry some fault however I think they also shoulder a large portion of fault. They were illegally parked on a roadway in a safety corridor. Facing into oncoming traffic in he wrong lane in a no passing area. If they had been moving they would have been driving in the wrong lane. Like I said after coming around the curve and being blinded by their brights after being in a dark road for awhile I had only a few seconds to react they were so close to the curve. 45 was safe for the road. You’d have needed to be going 15 probably to avoid them where they were sitting. Just a really stupid place to park when they could have come up, turned around and pulled on to the shoulder instead. They were also supposed to wait for a trooper before attempting to remove the moose which is in the regs for the roadkill lottery. My hope is to recover at least a portion of my lost wages from work because according to ortho I’m looking at a minimum of 6 weeks off. I’m a nurse so I have to have the use of both arms to work. Additionally, I lost my husband in a wrong way driver (other driver was drunk) accident a few years ago so the entire thing has just been extremely traumatic for me. I’m terrified to even drive at all at this point. I understand there is no compensation for that either but I do think it would be fair for their insurance to cover a portion of my damages because of their negligence in parking where they parked.

 

[quincy]

I have reported it to my insurer. Alaska is a comparative fault state and I fully understand that I carry some fault however I think they also shoulder a large portion of fault. They were illegally parked on a roadway in a safety corridor. Facing into oncoming traffic in he wrong lane in a no passing area. If they had been moving they would have been driving in the wrong lane. Like I said after coming around the curve and being blinded by their brights after being in a dark road for awhile I had only a few seconds to react they were so close to the curve. 45 was safe for the road. You’d have needed to be going 15 probably to avoid them where they were sitting. Just a really stupid place to park when they could have come up, turned around and pulled on to the shoulder instead. They were also supposed to wait for a trooper before attempting to remove the moose which is in the regs for the roadkill lottery. My hope is to recover at least a portion of my lost wages from work because according to ortho I’m looking at a minimum of 6 weeks off. I’m a nurse so I have to have the use of both arms to work. Additionally, I lost my husband in a wrong way driver (other driver was drunk) accident a few years ago so the entire thing has just been extremely traumatic for me. I’m terrified to even drive at all at this point. I understand there is no compensation for that either but I do think it would be fair for their insurance to cover a portion of my damages because of their negligence in parking where they parked.

The vehicle was not sitting the wrong way in your lane of traffic because the driver simply decided to park there. He hit a moose.

Not all accidents can be avoided. It is possible that the other vehicle’s moose accident and your subsequent accident with the vehicle that hit the moose were both unavoidable, yours because it happened on a blind curve and hill.

Let your insurer tell you if s/he thinks there is a good chance that the other driver can be held liable for your injuries and your vehicle’s damage.

 

[alaska81]

No no, they had not hit the moose. Another driver had hit the moose. They were part of the roadkill lottery to get the moose after it was hit. Part of the instructions for that program say that they are to wait for a wildlife trooper to arrive and release possession of the animal. This is part of the steps because of safety issues. They were parked there trying to winch the moose into their trailer instead of doing the reasonable thing which would have been to pass by, turn around and pull on to the shoulder ahead of the moose. Then they would have been out of the lane of travel and not blinding me with their brights. I am a safe driver I have never been involved in an accident. I had reduced my speed by 20% because the roads were a bit slick. I have studded tires which also help. It is just super disorienting to come around a corner and see brights like that and I just had so little time or space to react. I also knew that if I slammed on my brakes I would definitely lose control so I tried to brake gradually and steer for the shoulder. I feel like I did the best I could given the situation.

 

[Zigner]

... I just had so little time or space to react.

Right - driving too fast for conditions.

 

[adjusterjack]

I'd say that the majority of fault (if not all) goes to the other driver for parking in your lane, facing the wrong way, with his lights on. That was a bonehead move and an accident waiting to happen.

I'm not sure that you could have avoided the accident if you were going half the speed. But an argument can be made that 45mph in the dark, on icy roads, approaching a blind curve, was too fast for conditions.

While you should certainly report to your own insurance, for your own protection, understand that your insurance company has no obligation to represent you in a claim against the other driver.

You will have to put the other insurance company on notice (do it in writing) of your claim against their insured.

I can think of three possible responses.

1 - They accept 100% of your claim.

2 - They apportion a percentage of fault to their insured.

3 - They deny your claim outright.

As for an attorney, it never hurts to consult a few. Consultations are free.

Come back to this thread with your initial results and I may have more comments.

 

[quincy]

No no, they had not hit the moose. Another driver had hit the moose. They were part of the roadkill lottery to get the moose after it was hit. Part of the instructions for that program say that they are to wait for a wildlife trooper to arrive and release possession of the animal. This is part of the steps because of safety issues. They were parked there trying to winch the moose into their trailer instead of doing the reasonable thing which would have been to pass by, turn around and pull on to the shoulder ahead of the moose. Then they would have been out of the lane of travel and not blinding me with their brights. I am a safe driver I have never been involved in an accident. I had reduced my speed by 20% because the roads were a bit slick. I have studded tires which also help. It is just super disorienting to come around a corner and see brights like that and I just had so little time or space to react. I also knew that if I slammed on my brakes I would definitely lose control so I tried to brake gradually and steer for the shoulder. I feel like I did the best I could given the situation.

Thank you for the clarification.

Your insurer can tell you what percentage of fault is likely yours. Blind curves, hills, slick roads, bright lights from oncoming vehicles, moose territory - all require driving with more caution than usual and at slower speeds.

You might not have been able to avoid the accident. The other driver was cited and it is entirely possible that you can hold the other driver liable for your injuries and the damage to your vehicle. Generally speaking, however, you are at fault as a driver if you run into stationary objects. You should be driving with enough care to avoid obstacles in your path.

Again, your insurer should be able to give you an idea whether seeking out an attorney is a good idea. It can’t hurt to consult with one anyway.

 

[alaska81]

Right - driving too fast for conditions.

I sincerely hope you are never involved in an accident immediately after a curve in the road. It had nothing to do with the condition of the road and everything to do with the fact that I’d just come around a curve and found a full size truck in my lane. So should everyone going around that curve slow to 10 mph in case someone decides to park there? The dot doesn’t think so because there is no speed reduction posted for that area.

 

[alaska81]

I'd say that the majority of fault (if not all) goes to the other driver for parking in your lane, facing the wrong way, with his lights on. That was a bonehead move and an accident waiting to happen.

I'm not sure that you could have avoided the accident if you were going half the speed. But an argument can be made that 45mph in the dark, on icy roads, approaching a blind curve, was too fast for conditions.

While you should certainly report to your own insurance, for your own protection, understand that your insurance company has no obligation to represent you in a claim against the other driver.

You will have to put the other insurance company on notice (do it in writing) of your claim against their insured.

I can think of three possible responses.

1 - They accept 100% of your claim.

2 - They apportion a percentage of fault to their insured.

3 - They deny your claim outright.

As for an attorney, it never hurts to consult a few. Consultations are free.

Come back to this thread with your initial results and I may have more comments.

Yes after speaking with my insurance company, my insurance company feels that the other driver is more at fault, but that I also carry some fault and I can agree with that. However the problem is the other party told their insurance company that they were on the shoulder. This is blatantly false and the police report supports what I have said, that they were in the lane of travel completely. I know my insurance covers their damages, no problem. I’m more worried about what happens to me with my totaled vehicle (honestly not a huge loss and I have another, it’s just less suited for winter driving because it needs studded tires and it’s a 2wd SUV which is not the best for slick roads, and let’s face it, it’s Alaska the roads are questionable here 7 months out of the year lol) and more importantly the time I will have to take from work. Is it possible my liability insurance covers that? I do not know. They are still in the evidence gathering stage and will not tell me anything about possible payments or outcome until both sides come to an agreement on percentages of fault.

My first thought once I realized they were in my lane was that they were passing another vehicle so I thought slowing would give them space to complete a pass. Then my second thought was they were drunk and driving in the wrong side which was an assumption probably formed by my prior trauma from my husband being killed. I did not realize they were not moving until I had already begun braking and moving to avoid a collision. They were close enough to the curve that there was maybe a 30 second window to figure out what I was seeing and what I was going to do. This has been absolutely awful even without the injury as it has brought back up the nightmares and things I experienced being at the scene of my husband’s accident.

It is a dangerous road with a fatality rate 4 times the national average. But Alaskan drivers are a bit different. I have lived here for two winters now and I can tell you that 90% of the time I am driving far slower than the other drivers on this road. I get passed frequently in no passing zones. That particular area because of the uphill you do have to accelerate into it some or you don’t make it up lol. The curve itself is not overly sharp it is the combination of bend in the road and the uphill that makes visibility poor. I’ve actually made myself an appointment with the grief counselor I used before because I’m not sleeping well after this at all.

Another question, their insurance company called and left me a voicemail, and wants me to explain to them what happened. Is this the right thing for me to do? Or should I not agree to that?

 

[LdiJ]

Yes after speaking with my insurance company, my insurance company feels that the other driver is more at fault, but that I also carry some fault and I can agree with that. However the problem is the other party told their insurance company that they were on the shoulder. This is blatantly false and the police report supports what I have said, that they were in the lane of travel completely. I know my insurance covers their damages, no problem. I’m more worried about what happens to me with my totaled vehicle (honestly not a huge loss and I have another, it’s just less suited for winter driving because it needs studded tires and it’s a 2wd SUV which is not the best for slick roads, and let’s face it, it’s Alaska the roads are questionable here 7 months out of the year lol) and more importantly the time I will have to take from work. Is it possible my liability insurance covers that? I do not know. They are still in the evidence gathering stage and will not tell me anything about possible payments or outcome until both sides come to an agreement on percentages of fault.

My first thought once I realized they were in my lane was that they were passing another vehicle so I thought slowing would give them space to complete a pass. Then my second thought was they were drunk and driving in the wrong side which was an assumption probably formed by my prior trauma from my husband being killed. I did not realize they were not moving until I had already begun braking and moving to avoid a collision. They were close enough to the curve that there was maybe a 30 second window to figure out what I was seeing and what I was going to do. This has been absolutely awful even without the injury as it has brought back up the nightmares and things I experienced being at the scene of my husband’s accident.

It is a dangerous road with a fatality rate 4 times the national average. But Alaskan drivers are a bit different. I have lived here for two winters now and I can tell you that 90% of the time I am driving far slower than the other drivers on this road. I get passed frequently in no passing zones. That particular area because of the uphill you do have to accelerate into it some or you don’t make it up lol. The curve itself is not overly sharp it is the combination of bend in the road and the uphill that makes visibility poor. I’ve actually made myself an appointment with the grief counselor I used before because I’m not sleeping well after this at all.

Another question, their insurance company called and left me a voicemail, and wants me to explain to them what happened. Is this the right thing for me to do? Or should I not agree to that?

If you don't tell them your side of the story, then they know only what their insured tells them. (ie that they were parked on the shoulder). You could get a quick consult with an attorney first however, if you are concerned about talking to them.