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Proving fault with only one EDR available

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Proving fault with only one EDR available

Post by deidrebtx » Tue Jan 09, 2018 10:42 pm

I was recently involved in an accident. I was making a left hand turn onto a residential street after dark and was hit in passenger side back wheel and qtr panel by oncoming car. Upon impact, the back of my 2012 Kia Sportage was spun around clockwise, to about a 70º angle from it's original path. I was blocking most of the 2 way street post impact. I suspect the driver was distracted because I never heard any evidence of the brakes being applied as she plowed thru. Shehe did not have her headlights on. The driver of the other vehicle jumped out of her car and immediately asked if we were ok. As soon as I said yes, she jumped back in her car and moved it away from my vehicle and parked it in the original lane of travel next to the curb just past the corner of the intersection. Turned on her hazards and still with no headlights exited her vehicle and left it blocking the roadway. Once my car stopped moving, I checked on my 8 yo son who was in the front passenger seat. I got out and was looking at the damage. I was pretty shook up and had no idea what I was supposed to do. The police were called and I just basically stood there comforting my son. When the officer arrived, he took my insurance info and hers as well. He asked me what happened and I just said, I turned left, didn't see the car and about 90% of the way thru the intersection I see that she is going to hit me so I yelled out to my son to hold on as we both braced and that's how my car ended up here. Once he finished taking statements the officer asked me if I could go ahead and move my vehicle. My vehicle would not move because of the damage to the wheel/axle.

Based on the estimate of damages, the location of those damages and the final position my car was in post impact this accident was her fault. My guess is she was driving while distracted considering she made no attempt to swerve or brake. My car is white and if she had her headlights on maybe I could have seen her as easily as she SHOULD have seen me. Also, the speed limit on the street she was traveling on was 35mph. Since she was driving a 2005 Dodge Magnum she has no black box. Will the black box on my 2012 Kia Sportage show the rate of speed she was traveling when she hit my car? Is it likely she was speeding considering the post impact position my car was in and the damage? Until I started researching what to do after an accident I was clueless as to just how important it is to take pictures and tell the police officer exactly what happened. I am in an impossible situation because of this accident. My paid off, well taken care of 2012 Kia with brand new tires and only 71K miles is totaled and her insurance is blaming me for the accident and is refusing to pay for the damages.

Here are a few pics of the damage

Any advice would be GREATLY APPRECIATED!
Right Pass Wheel.jpg
Right Pass Wheel.jpg (57.38 KiB) Viewed 2098 times

Busted Axle.jpg

ExhaustLeak.jpg
ExhaustLeak.jpg (48.05 KiB) Viewed 2098 times


2005DodgeMagnum_at fault.jpg
2005DodgeMagnum_at fault.jpg (83.93 KiB) Viewed 2098 times

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Re: Proving fault with only one EDR available

Post by MikePhillips4 » Thu Jan 11, 2018 9:38 am

Will the black box on my 2012 Kia Sportage show the rate of speed she was traveling when she hit my car? The short answer is No.
As far as advice: In most, if not all, States the driver turning left has a duty to yield right of way to oncoming traffic. While there can be mitigating factors such as those you mention (speed, lights, lack of evasive action) in most cases it is difficult to overcome the duty to yield right of way. Based on the information presented: I don't see anything that would make me believe the other vehicle's speed was excessive. I assume a police report was made and further assume it stated that your vehicle failed to yield turning left. If that's the case you can expect the other driver's insurance to not only deny your claim, but they will expect your insurance to pay for the other vehicle. If damages were limited to the vehicles (no personal injury) it would most likely be cost prohibitive to attempt substantiate your position.
“In theory, there is no difference between practice and theory. In practice, there is.” Unknown

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Re: Proving fault with only one EDR available

Post by deidrebtx » Thu Jan 11, 2018 11:44 am

Okay well I have run across information that debunks the whole left turn always has to yield ROW. It states that the farther back the impact on the passengers side of the left turn vehicle, the more likely the driver going straight is to blame for inattention. Then you factor in no skid marks? My car was all the way out of the intersection. I also have a a friend whom had this same thing happen to her except she was the one going straight and hit a driver in the same spot and her insurance had to pay for the turning car's damage.

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Re: Proving fault with only one EDR available

Post by MikePhillips4 » Thu Jan 11, 2018 4:31 pm

MikePhillips4 wrote:in most cases it is difficult to overcome the duty to yield right of way
I never said all. I would like to read more about the information you cite, could you provide a link? I agree, the further back the turning vehicle was hit the greater period of time the other driver had to react, all else being equal. You appear to be convinced of your position. Good luck with the insurance company and share the outcome, it may help others similarly situated.
“In theory, there is no difference between practice and theory. In practice, there is.” Unknown


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