Another GM6 down...
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From: Palo Alto, CA
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Originally Posted by doughboy
maybe not applicable in the state of CA, but this is the Standard of Fault as defined by Massachussett's 211 CMR 74.00 in accordance with M.G.L. c. 175, § 113P:
(14) Collision While in the Process of Backing Up. The operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50% at fault when operating a vehicle which is in the process of backing up and whose vehicle is thereafter in a collision with another vehicle.
While negligence (of both parties) is an issue they'll consider, I believe most insurance policies have similar standards to determine fault.
(14) Collision While in the Process of Backing Up. The operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50% at fault when operating a vehicle which is in the process of backing up and whose vehicle is thereafter in a collision with another vehicle.
While negligence (of both parties) is an issue they'll consider, I believe most insurance policies have similar standards to determine fault.
ahh damn. Well that sucks.
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From: Fremont
Car Info: 1999 2.5RS / 2004 Forester X
Aw NOOO Chelsea!! First mine gets smashed by a truck last year and now yours, damm. Hope the damage is minimal enough to her back on the road, best of luck I'm sorry to hear this happened.
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From: Wheeldude.com
Car Info: RIP: 04 WRB SEDAN Now Rollin' in STi
Originally Posted by gc8chelz
AVE! Lemme get a ride to Amplified tomorrow! I got some pals on the guest list...
-Ave
Damn that sucks. I don't see understand why people don't drive slower in residential areas. It's like, What are you in the hurry for? If you're late, you're late. Plus, it's Friday. arrghh...lol
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Joined: Nov 2004
Posts: 952
From: San Francisco, CA
Car Info: '99 STM 2.5RS --> '06 Scion xA --> ???
Originally Posted by drew935
Damn that sucks. I don't see understand why people don't drive slower in residential areas. It's like, What are you in the hurry for? If you're late, you're late. Plus, it's Friday. arrghh...lol
wow, that stinks... hope you get it fixed soon. i'd totally blame the other driver. he/she should have been driving at a reasonably slow enough speed in a residential street where if someone backs out of their driveway, he/she should have enough time to come to a complete stop, safely.
what street is this on, btw? you live on northside?
what street is this on, btw? you live on northside?
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Joined: Nov 2004
Posts: 952
From: San Francisco, CA
Car Info: '99 STM 2.5RS --> '06 Scion xA --> ???
Originally Posted by sleepy22
wow, that stinks... hope you get it fixed soon. i'd totally blame the other driver. he/she should have been driving at a reasonably slow enough speed in a residential street where if someone backs out of their driveway, he/she should have enough time to come to a complete stop, safely.
what street is this on, btw? you live on northside?
what street is this on, btw? you live on northside?
He's probably over on a bimmer forum talking about how some scatterbrained girl backed out in front of him and totaled his ride.
If you back out in front of someone you probably just weren't paying attention. It doesn't matter if he was doing 25 or 45 it's not like you wouldn't have seen him if you looked or were being carefull. The argument that he was going too fast to stop is obvious...he hit you, but saying that he was going too fast for the street is probably arguing a weak position. Did the cops come and take photos of skid marks? Did the guy admit he was going a little fast? If neither of those 2 happened good luck getting any of the blame on him.
If you back out in front of someone you probably just weren't paying attention. It doesn't matter if he was doing 25 or 45 it's not like you wouldn't have seen him if you looked or were being carefull. The argument that he was going too fast to stop is obvious...he hit you, but saying that he was going too fast for the street is probably arguing a weak position. Did the cops come and take photos of skid marks? Did the guy admit he was going a little fast? If neither of those 2 happened good luck getting any of the blame on him.
I don't need more cowbell dammit!
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Originally Posted by jonp
He's probably over on a bimmer forum talking about how some scatterbrained girl backed out in front of him and totaled his ride.
If you back out in front of someone you probably just weren't paying attention. It doesn't matter if he was doing 25 or 45 it's not like you wouldn't have seen him if you looked or were being carefull. The argument that he was going too fast to stop is obvious...he hit you, but saying that he was going too fast for the street is probably arguing a weak position. Did the cops come and take photos of skid marks? Did the guy admit he was going a little fast? If neither of those 2 happened good luck getting any of the blame on him.
If you back out in front of someone you probably just weren't paying attention. It doesn't matter if he was doing 25 or 45 it's not like you wouldn't have seen him if you looked or were being carefull. The argument that he was going too fast to stop is obvious...he hit you, but saying that he was going too fast for the street is probably arguing a weak position. Did the cops come and take photos of skid marks? Did the guy admit he was going a little fast? If neither of those 2 happened good luck getting any of the blame on him.
Sucks to hear about your car.
Originally Posted by jdepould
if the other driver left 20ft long skid marks they'll probably devide the blame . . . pics? I don't think I've even ever seen 20ft skid marks . . .
Make sure you take pics of the skid marks too just in case!! There's the only real proof (besides the damage) that he was cookin' down your street. Did you hear his car skidding? Take a stroll back to where the skid marks started, and you'll get an idea of where/when he actually saw you (some time before the skid marks of course). Prolly give you a better idea of what was really going on there. Good luck, my brp gm6 hasn't been the same after my issues earlier this year. Hope it comes out nice for you!
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From: San Francisco, CA
Car Info: '99 STM 2.5RS --> '06 Scion xA --> ???
Originally Posted by wombatsauce
Howdy. I've seen 120 ft skidmarks leading up to where my '88 RX was desgtroyed.
Make sure you take pics of the skid marks too just in case!! There's the only real proof (besides the damage) that he was cookin' down your street. Did you hear his car skidding? Take a stroll back to where the skid marks started, and you'll get an idea of where/when he actually saw you (some time before the skid marks of course). Prolly give you a better idea of what was really going on there. Good luck, my brp gm6 hasn't been the same after my issues earlier this year. Hope it comes out nice for you!
Make sure you take pics of the skid marks too just in case!! There's the only real proof (besides the damage) that he was cookin' down your street. Did you hear his car skidding? Take a stroll back to where the skid marks started, and you'll get an idea of where/when he actually saw you (some time before the skid marks of course). Prolly give you a better idea of what was really going on there. Good luck, my brp gm6 hasn't been the same after my issues earlier this year. Hope it comes out nice for you!
Scatterbrained? Ouch.
Last edited by gc8chelz; Jul 22, 2005 at 01:33 PM.
Originally Posted by jdepould
ignore the n00b
Yeah, maybe scatterbrained was a little too far, but I've thought worse of people who have pulled out in front of me or rear-ended me. I was trying to portray this guy's feelings/thoughts. There shouldn't be such a thing as an accident..we should all call them crashes. Glad nobody was hurt, and if the guy was speeding then, you might have a hard time proving it with a 20ft skid mark (not actually very bad)

That is what the CHP and most other traffic investigators use to determine relative vehicle speed. Using that equation and the 20ft skidmark estimation if you assume the vehicle was going 20mph at time of impact after breaking/skidding(enough to cause significant damage) and the pavement was dry and ungraded/sloped then the vehicle that hit you was initially traveling approximately 34-35mph. If they say the road was wet/sloped or that the impact speed was lower (10mph) then the equation drops the initial velocity drastically.
A car traveling at 21mph leaves 20ft skidmarks to stop completely if that tells you anything. It will basically come down to how fast they think the car was traveling on impact.


