Accident :(
 

It was raining and wet a few weeks ago here in central California and i was traveling on a highway with no stop sign, guy ran a stop sign pulling in front of me. I tried to stop but ABS kicked in and i slid right into the back of the him. CHP ruled it my fault because I was driving too fast. The posted speed limit was 45, I was going 35... WTF??

[QUOTE=nicolettepaul;3330013]It was raining and wet a few weeks ago here in central California and i was traveling on a highway with no stop sign, guy ran a stop sign pulling in front of me. I tried to stop but ABS kicked in and i slid right into the back of the him. CHP ruled it my fault because I was driving too fast. The posted speed limit was 45, I was going 35... WTF??[/QUOTE]

IIRC it is stated by law that speeds be decresed in rain, snow, crappy weather etc. depending how rainy and wet it was, you COULD have been driving too fast.....FOR THE GIVEN CONDITIONS. granted, if it was nice, sunny, and dry out and he said you were driving too fast in a 45 you tell him to look nice in court :thumb:

Did he start a speed or just that you were driving to fast?

With accident fault he will have to substantiate that you were traveling too fast I.E. skid measurements which I guarentee was not done.

If you have admitted you were travelling 35 and the officer felt that was too fast for the weather conditions well then yeah you are probably unfortunately out of luck.

I thought I was driving for the given conditions lol 10 mph under the speed limit. i just don't understand because if the guy would've completely stopped and looked left, he would've seen me which he stated "there was a 200 feet gap between us when I pulled out" he still has to get up to speed and at that stop sign no one EVER fully stops because its on a hill. So him being on a WET hill in a rear wheel drive F-150... I believe he didn't have enough time to completely stop, look then proceed and get up to speed... Does that make sense?

[QUOTE=nicolettepaul;3330027]I thought I was driving for the given conditions lol 10 mph under the speed limit. i just don't understand because if the guy would've completely stopped and looked left, he would've seen me which he stated "there was a 200 feet gap between us when I pulled out" he still has to get up to speed and at that stop sign no one EVER fully stops because its on a hill. So him being on a WET hill in a rear wheel drive F-150... I believe he didn't have enough time to completely stop, look then proceed and get up to speed... Does that make sense?[/QUOTE]

Makes complete sense, and I am not LEO, and I agree that 10 MPH under speed limit should have been fine but unfortunately this is going to be at the LEO discression.

[QUOTE=nicolettepaul;3330027]I thought I was driving for the given conditions lol 10 mph under the speed limit. i just don't understand because if the guy would've completely stopped and looked left, he would've seen me which he stated "there was a 200 feet gap between us when I pulled out" he still has to get up to speed and at that stop sign no one EVER fully stops because its on a hill. So him being on a WET hill in a rear wheel drive F-150... I believe he didn't have enough time to completely stop, look then proceed and get up to speed... Does that make sense?[/QUOTE]

i know what you mean. people who merge in front of you but dont actually take the time to determine your speed more accurately and just go. by that time its too late. ya 10 below can be safe in your books, but the cop could be a dick. and another thing i kinda notice, coppers are grade A Dbags to us Subaru owners just because we own a Subaru? idk. every time i get pulled over (for tint, plate, ONE time not using a turn signal :doh:). i get a nasty attitude right away. i dont get that in the 95 corolla. LOL

Ya! He totally tried to beat me down for "driving a car I couldn't handle" "STIs have differential adjustments" ya guy. It's not an STI. And why does that even matter? I was braking. Not accelerating. Ugh. Maybe it's because I'm a girl too. I drove an ambulance for 2 years also so I've been through almost the same amount of EVOC training as him minus pit maneuvers. Grr 😠

[QUOTE=nicolettepaul;3330043]Ya! He totally tried to beat me down for "driving a car I couldn't handle" "STIs have differential adjustments" ya guy. It's not an STI. And why does that even matter? I was braking. Not accelerating. Ugh. Maybe it's because I'm a girl too. I drove an ambulance for 2 years also so I've been through almost the same amount of EVOC training as him minus pit maneuvers. Grr ��[/QUOTE]

yeup. i feel you on that. and i am by no means racist, sexist, etc., but im sure you can agree a cop seeing a woman driving that car regardless of STI....it happens it auto stores ALL the time, and by no means OK..... i was pulled over for my tail light tint (there are cars out there that their tails match their black paint..) so he pulls me over, walks around my car, and says "pop the hood" at this point its clear this joker has nothing better to do with his day but to look for thing to pop me for. i ask why he pulled me over. he doesnt say. we go back and forth arguin about stupid ****. i tell him i got nothing. he says "I BET you are hiding illegal mods under that hood" I smile, flip the latch, and wait. moments later, SLAM of the hood, toss of the ticket, and a "get out of here" All he saw was a non turbo Boxxer....teehee.

Believe me, at this point i was more entertained that pissed about my ticket which BTW consisted of:

excess of speed
tail light tint
window tint
illegal lane change (only because last time i got pulled over and pulled over to the side closest to me, they got mad) so i went clear across the HWY to the right side

you bet i walked into court with a tail light in hand :thumb:

ANYWAYSSS....again, sorry to hear about your misfortune.

[QUOTE="02RS25;3330048"]

yeup. i feel you on that. and i am by no means racist, sexist, etc., but im sure you can agree a cop seeing a woman driving that car regardless of STI....it happens it auto stores ALL the time, and by no means OK..... i was pulled over for my tail light tint (there are cars out there that their tails match their black paint..) so he pulls me over, walks around my car, and says "pop the hood" at this point its clear this joker has nothing better to do with his day but to look for thing to pop me for. i ask why he pulled me over. he doesnt say. we go back and forth arguin about stupid ****. i tell him i got nothing. he says "I BET you are hiding illegal mods under that hood" I smile, flip the latch, and wait. moments later, SLAM of the hood, toss of the ticket, and a "get out of here" All he saw was a non turbo Boxxer....teehee.

Believe me, at this point i was more entertained that pissed about my ticket which BTW consisted of:

excess of speed
tail light tint
window tint
illegal lane change (only because last time i got pulled over and pulled over to the side closest to me, they got mad) so i went clear across the HWY to the right side

you bet i walked into court with a tail light in hand :thumb:

ANYWAYSSS....again, sorry to hear about your misfortune.[/QUOTE]

Thank you. It's much appreciated. I'm just so frustrated with it all. Was seeing if there was any advice out there or anything.

I appreciate everyone else too!

[QUOTE=nicolettepaul;3330054]Thank you. It's much appreciated. I'm just so frustrated with it all. Was seeing if there was any advice out there or anything.

I appreciate everyone else too![/QUOTE]

hope the copper doesnt show up. lol. GL! is the scoob totaled? or you will be doing repairs?

It's got 6k in front end damage. I'll post a pic in a little bit

awww and your rides pretty new! sorry to hear but id fight it for sure. u said road conditions were wet but not raining? i got a speeding ticket for going 40 in a 35 zone cause it was sprinkling and the LEO said i should've been going 10mph less. but o well i felt it was still safe enough but whatever. good luck though!

Sent from my i4s using i-Club

[QUOTE=nicolettepaul;3330116]It's got 6k in front end damage. I'll post a pic in a little bit[/QUOTE]

yikes!

[QUOTE=seckSti;3330129]awww and your rides pretty new! sorry to hear but id fight it for sure. u said road conditions were wet but not raining? i got a speeding ticket for going 40 in a 35 zone cause it was sprinkling and the LEO said i should've been going 10mph less. but o well i felt it was still safe enough but whatever. good luck though!

Sent from my i4s using i-Club[/QUOTE]

you can be safe by your standards, knowing your call so well a nd what not. but just like in soccer or any reffed sports, it doesnt matter what you do or see. its what the ref/LEO sees that makes or breaks your future in terms of the law. Sometimes you are lucky or really know your laws to beat it or get out of it. but most of the time, what LEO says, is what goes : sadbanana :

Well the thing is, an accident must be caused by negligence and documented as a cause regardless of situation. Unfortunately there is no negligent laws for merging too slow or not looking left.

If anything he could've wrote failure to yield to traffic which they obviously did but usually it comes down to, unsafe speed for prevailing conditions for most accidents. He didn't write you a ticket on the spot though yeah? Sucks to have 100% of the blame on your side though :/ But you may end up lucky, my accident was for unsafe speed but the insurance company came to a conclusion that I was not at fault. Read all the paperwork that comes through for sure.

IMO, the law sucks. lol. You never know what you'll get. a while back, i merged into the next lane, not knowing it was dead stopped. i wanted to go back into my previous lane, but someone already took my spot and i couldnt merge. so i slammed the brakes and took it in the ass. ruled my fault despite the other driver rear ending me, as many believe that any rear enders is the "giving" drivers fault.

again, the law SUCKS! but we need it. LOL