• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Auto accident who's going to fix my car?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bonedoc

Junior Member
What is the name of your state?What is the name of your state?I am from North Carolina and I was traveling about 50mph and a full car lenght behind a garbage truck on a two lane road, with a school bus was coming in the opposite direction. The school bus and the garbage truck both were close to the yellow line and they struck one another, throwing debri(glass from the bus) towards my car, which caused $3,200.00 worth of damage. It was said that they both were not at fault. I would like to know who is going to fix my car and what can I do about this?
 
Last edited:


seniorjudge

Senior Member
Bonedoc said:
What is the name of your state?What is the name of your state?I am from North Carolina and I was traveling about 50mph and 12 feet behind a garbage truck on a two lane road, when a school bus was coming in opposite direction. The school bus and the garbage truck both were close to the yellow line and they struck one another, causing debri to flow backwards, which hit my car causing $3,200.00 worth of damage. It was said that they both were not at fault. I would like to know who is going to fix my car and what can I do about this?
Sue them both and let the court decide who is at fault.
 

justalayman

Senior Member
I say it is the OP's fault for following to closely to stop in an assured distance. If he wasn't following so closely he should have been able to stop to avoid this situation. At least he has contributory negligence that would reduce his claim.
 

seniorjudge

Senior Member
justalayman said:
I say it is the OP's fault for following to closely to stop in an assured distance. If he wasn't following so closely he should have been able to stop to avoid this situation. At least he has contributory negligence that would reduce his claim.
OP didn't hit anything (according to his post).
 

justalayman

Senior Member
seniorjudge said:
OP didn't hit anything (according to his post).
This is what I'm picturing:

he is folowing (obviously ) too close to the garbage truck. The truck and the bus collide. Sruff either falls off the crashed vehicles or is actually thrown towards the OP's vehicle due to the impact. In either case if the OP was not breaking the law by following too closely he may have been able to avoid any damage to his vehicle by stopping within an assured distance that he should have maintained from the vehicle in front of him.

Because he was to close, he could not take any action to avoid the debris and was damaged.

Due to his failure to follow the law, he at least, contributed to the amount of damage recieved.
 

seniorjudge

Senior Member
justalayman said:
This is what I'm picturing:

he is folowing (obviously ) too close to the garbage truck. The truck and the bus collide. Sruff either falls off the crashed vehicles or is actually thrown towards the OP's vehicle due to the impact. In either case if the OP was not breaking the law by following too closely he may have been able to avoid any damage to his vehicle by stopping within an assured distance that he should have maintained from the vehicle in front of him.

Because he was to close, he could not take any action to avoid the debris and was damaged.

Due to his failure to follow the law, he at least, contributed to the amount of damage recieved.
That sruff plays havoc with a car's finish!
 

justalayman

Senior Member
actually back to the post. It would probably be the best idea. even if either one of them were initially charged with anything or listed at-fault, if the OP doesn't go after each, it may be to late to try it again if they do it one at a time and miss the first time.
 

sukharev

Member
What does OP's insurance say? He probably only had liability, though :eek:

It's worth a shot contacting municipal cervices directly, they may just want to settle the claim out of court. I got $200 from city last year for hitting the pothole, they confirmed damages (by looking at the repair bill), then reduced it some and made me sign the release.
 

Zigner

Senior Member, Non-Attorney
justalayman said:
Because he was to close, he could not take any action to avoid the debris and was damaged.

Due to his failure to follow the law, he at least, contributed to the amount of damage recieved.
Following too closely relates to actually hitting another vehicle. If debris is thrown off a vehicle, a person can't be faulted for following too closely to avoid the debris. You're confusing the situations.
As an example, say you're following 300 feet behind a scrap tire truck in the dead of night traveling at 25 miles per hour. A tire tumbles from the truck and bounces high in to the air - several times, until finally, on one of the bounces, it lands on your car. Would you say the driver was following too close???
 

justalayman

Senior Member
Zigner said:
Following too closely relates to actually hitting another vehicle. If debris is thrown off a vehicle, a person can't be faulted for following too closely to avoid the debris. You're confusing the situations.
As an example, say you're following 300 feet behind a scrap tire truck in the dead of night traveling at 25 miles per hour. A tire tumbles from the truck and bounces high in to the air - several times, until finally, on one of the bounces, it lands on your car. Would you say the driver was following too close???
No I'm not confusing anything.

The OP by their own admission was following aprox 12 feet behind a vehicle traveling 50 mph. Go ahead and do the math. In the driveer's guide from my DMV it states following a vehicle 2 seconds is appropriate. Tell me, how far do you go at 50 mph in 2 seconds?

You cite such an exteme example to try to make your point. If the OP was not folowing to closely, he may have been able to avoid this situaition. Again, in my area the ticket would read "failure to stop in an assured distance"

That means you need to be able to stop in the distance youcan see. If you fail to do this, you are either too close to the folks in front of you are youa are driving too fast to avoid the junk that is in the road ahead of you.

remeber the OP said 12 feet. that is less than the length of most cars. tailgaiting in my state.





Ok time's up. you would travel nearly 150 feet in 2 seconds at 50 mph. That is more than 12 times the distance he was following
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top