Had a pretty bad accident today..Need some advice

georgewe4

New Member
Joined
Dec 17, 2004
I was traveling north bound I-75 today right around 4:15. The weather was pretty nice here today, but by this time we were having them pop up rain "showers". The speed limit is 65 up where I was driving. I noticed it was considerably cloudy and downright dark in the direction I was headed. About two miles up the road I went into a solid wall of heavy rain. It was sudden. I was in the center lane and we all slowed down. About 30 seconds later the rain had completely stopped and all was well. I moved over into the far left hand lane and proceeded to pass several cars. About two miles up the road I could see we was approaching what looked like heavy fog and began to slow. Sure enough once again it was very heavy rain. The road was basically flooded, I looked down and was going right at 45 MPH maybe a little slower. There was no one in front of me, but there was a semi to my right. It is hard to see through the spray that a semi produces let alone a monsoon of rain. I stayed slow and was concerened about the semi and was trying to watch what was goin on. Suddenly in front of me up in the distance was bright red tail lights. It appeared a van was stopped. I hit the brakes to slow, and about a million things went through my mind. When I saw the lights I would guess that the van was about 250-300 feet ahead of me. I was on the brakes and as soon as I realized they were stopped I was cramming on the brakes. I couldnt move over to my right because of the semi and cars behind it. I couldnt go left because of the wall. I had no choice but to stay straight. The Jeep just would not slow fast enough. It was like I was on ice. I locked my leg straight on the brake, locked my arms straight on the steering wheel and prepared for the crash. I hit the back of the van.
I looked around after the crash to prepare for someone to crash into me. No one did. My Jeep was at a 45 degree angle facing the wall. I did not hit the wall. I tried to move the jeep straight in the lane, it would no longer steer. The van moved up a little bit and parked. The whole back tailgate was moved in what appeared several feet. I was scared because the cars was coming up behind me and having to get over to avoid me. This accident happened on a slight curve and the cars was coming around that curve while I was in their lane. I wasn't comfortable sitting there. I really felt in danger. I got out of the Jeep stayed close to the wall and ran up to the van. There were three people in the van all in their 60's. They said they were ok. I stayed between the van and my Jeep up along that wall. I just knew someone was going to hit that Jeep. By the grace of God they didn't.
The Highway Patrol showed up, and did their thing. They took our statements. I don't know what the other party said, I do know that they said it was very heavy rain. I told the officer what I have said here. The woman in the front passenger seat said she fainted so, they called an ambulance for here. Shortly after that the other lady in the back requested an ambulance to be checked out. The officer told me he thought the first lady was ligit, he wasn't sure about the other one. They towed the other vehicle and flat bedded mine. The Wrangler faired much better than the van. There is no doubt the van is totaled. Its a Pontiac Transport probably 2000 model.
My Jeep I am not sure. here is no body damage whatsoever to my jeep. Not even a busted driving light. It has a 3 inch lift so it sits high and has a very heavy steel bumper on the front. No air bag deployment. My front driver side wheel however is pushed back almost to the wheel well, by steering linkage is bent and the idler arm is snapped. The Jeep sits a little crooked if looking at it from the rear.
I was cited for failure for assured clear distance. I don't actually feel comfortable with that. I was at least 250 feet behind that vehicle. I was on the brakes what seemd forever before I hit the van. The road was flooded, the rain was heavy. When I stepped out of my Jeep the water was over my shoes. The officer asked me what I believed caused the accident. I told him weather. It was. My mom was hit on a icy bridge some years ago. She stopped to avoid the wall of the bridge after she lost control of her car. A car came up behind her and couldn't stop and hit her. No one was cited because of weather. I have a problem with being cited for this. I got a ticket. If I go pay it, I just basically admit guilt. Should I go to court over this? I understand I hit them, but what "assured" distance is required??? I was at least 250 feet behind that van.
Another mystery is that there was another vehicle in front of that van. I remembered seeing two sets of tail lights. After the officer an I left the scene and he took me to a place my wife could pick me up he told me that the other driver said there was a vehicle in front of them. They had hit that vehicle, but the damage was so minimal it was only a scratch. The other vehicles driver said he wasn't worried about it and they left. Now my question is. Did the driver I hit, hit that vehicle before I crashed into them. Or did they hit becaused I crashed into them??? I don't know if that will be in the report or not. I questioned the officer on the decision of my citation. He said that it was very rare that you didn't get a ticket for a rear end crash. However mine was still considered failure of assured clear distance. He said however it would be noted very well that weather was the cause...WHAT?????
 
Well, if he hadn't given you a ticket for that, he could have given you a ticket for 'unsafe speed' and 'faliure to avoid an accident' both of which I have seen given in similar situations (not me, wife for one freind for the other).

I would say go to court. Most likely the judge will at least drop the fine a bit but you will stand a chance of having it dropped all together. Plus, if you get lucky and have it dropped, it would make it harder for the other people to charge your insurance for their vehicle.

Just my .02.
 
In many states, if a person hits someone in the rear, it's their fault regardless of circumstance. It's BS IMO because many things can attribute to said impact.

I would go to court and make sure the judge is aware of the circumstances. I would think worst case scenario, you might get a citation of some sort but it won't show up on your record.

BTW, glad you're ok.
 
Hmnn.. How would the other drivers have have been able to determine thier collision resulted in a "scratch", unless they had looked? If that "inspection" was why they "parked" on the driving lane, they should be held responsible...
 
Usually if you hit someone from behind it is your fault... period.

You might get lucky using the weather angle, but don't count on it.
 
As stated above; in most states; if you hit someone from behind; you’re at fault.

But; in all states; you can’t stop on an Interstate Highway.

I’d get an attorney. But; it probably won’t help your insurance.
 
The only real answer is to go to a local lawyer familiar with the traffic laws in that jursidiction. Pay for an hour's consultation if you have to, but then you will have solid answers you can trust. Like others have said, in most places if there is an accident someone gets a ticket. I know it sucks, but the bottom line is that you were not able to stop so obviously you were going too fast and/or not allowing enough space between yourself and the vehicle in front, right? :) Didn't say it was right or fair or whatever, but that's what I think it's most likely the judge will say, sigh. Go talk to a lawyer.
 
"If you hit the car in front of you, it is your fault - if there is bad weather, slow down. You, and only you have to be in complete control of your car at all times." That was my line as a claims rep in a past career. I would never pay out on any claims when someone reareded one of "my" insured drivers.

It stinks and you may take a hit on your insurance, sorry.
 
I was going slow (45 MPH). I guess the next time I should slow down to 20 MPH???
I talked to my insurance agent and the adjuster. The question both of them have is WHY was the driver stopped in the speed lane? They have questions as to how responsible stopping in the speed lane is. My agent suggested that I go to court and explane the circumstances, show my driving record that has nothing whatsoever on it and plead not guilty. I don't think things could get any worse by doing that. The guy that towed the Jeep couldn't believe I got a ticket. My agent lives about a mile from where the accident occured as well as my adjuster. They know exactly the weather conditions. The Jeep is already at the body shop and so far all things are good. I couldn't ask for any better service from my insurance company so far. Some people think the Jeep may be totaled.
 
Here she is....
 

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One more. It survived much better than the mini van. I was actually suprised.
The glass on the hood is the rear window of the van.
 

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You can't use the weather as a reason for the crash, especially considering it was raining and you were aware of the conditions. It may have contributed to the crash, but it didn't cause it. You have to be able to bring your car to a stop within "an assured clear distance" regardless of the weather conditions. The weather conditions are documented and some judges will give that some consideration. As far as the other vehicle that may have been stopped in the lane, that has nothing to do with you not being able to stop. You have to be able to stop, regardless of what may be in the roadway. If he had no reason to be stopped, then yes he could be cited as well but that wouldn't prevent you from being cited, two different issues. Goodluck and glad you weren't hurt.
 
I was traveling north bound I-75 today right around 4:15. The weather was pretty nice here today, but by this time we were having them pop up rain "showers". The speed limit is 65 up where I was driving. I noticed it was considerably cloudy and downright dark in the direction I was headed. About two miles up the road I went into a solid wall of heavy rain. It was sudden. I was in the center lane and we all slowed down. About 30 seconds later the rain had completely stopped and all was well. I moved over into the far left hand lane and proceeded to pass several cars. About two miles up the road I could see we was approaching what looked like heavy fog and began to slow. Sure enough once again it was very heavy rain. The road was basically flooded, I looked down and was going right at 45 MPH maybe a little slower. There was no one in front of me, but there was a semi to my right. It is hard to see through the spray that a semi produces let alone a monsoon of rain. I stayed slow and was concerened about the semi and was trying to watch what was goin on. Suddenly in front of me up in the distance was bright red tail lights. It appeared a van was stopped. I hit the brakes to slow, and about a million things went through my mind. When I saw the lights I would guess that the van was about 250-300 feet ahead of me. I was on the brakes and as soon as I realized they were stopped I was cramming on the brakes. The Jeep just would not slow fast enough. It was like I was on ice. I locked my leg straight on the brake, locked my arms straight on the steering wheel and prepared for the crash. I hit the back of the van. I looked around after the crash to prepare for someone to crash into me. No one did. The van moved up a little bit and parked. The whole back tailgate was moved in what appeared several feet. I was scared because the cars was coming up behind me and having to get over to avoid me. This accident happened on a slight curve and the cars was coming around that curve while I was in their lane. I wasn't comfortable sitting there. I really felt in danger. I got out of the Jeep stayed close to the wall and ran up to the van. There were three people in the van all in their 60's. They said they were ok. I stayed between the van and my Jeep up along that wall. I just knew someone was going to hit that Jeep. By the grace of God they didn't.
The Highway Patrol showed up, and did their thing. They took our statements. I don't know what the other party said, I do know that they said it was very heavy rain. I told the officer what I have said here. The woman in the front passenger seat said she fainted so, they called an ambulance for here. Shortly after that the other lady in the back requested an ambulance to be checked out. The officer told me he thought the first lady was ligit, he wasn't sure about the other one. They towed the other vehicle and flat bedded mine. The Wrangler faired much better than the van. There is no doubt the van is totaled. Its a Pontiac Transport probably 2000 model.
My Jeep I am not sure. here is no body damage whatsoever to my jeep. Not even a busted driving light. It has a 3 inch lift so it sits high and has a very heavy steel bumper on the front. No air bag deployment. My front driver side wheel however is pushed back almost to the wheel well, by steering linkage is bent and the idler arm is snapped. The Jeep sits a little crooked if looking at it from the rear.
I was cited for failure for assured clear distance. I don't actually feel comfortable with that. I was at least 250 feet behind that vehicle. I was on the brakes what seemd forever before I hit the van. The road was flooded, the rain was heavy. When I stepped out of my Jeep the water was over my shoes. The officer asked me what I believed caused the accident. I told him weather. It was.i have a problem with being cited for this. I got a ticket. If I go pay it, I just basically admit guilt. Should I go to court over this? I understand I hit them, but what "assured" distance is required??? I was at least 250 feet behind that van.
Another mystery is that there was another vehicle in front of that van. I remembered seeing two sets of tail lights. After the officer an I left the scene and he took me to a place my wife could pick me up he told me that the other driver said there was a vehicle in front of them. They had hit that vehicle, but the damage was so minimal it was only a scratch. The other vehicles driver said he wasn't worried about it and they left. Now my question is. Did the driver I hit, hit that vehicle before I crashed into them. Or did they hit becaused I crashed into them??? I don't know if that will be in the report or not. I questioned the officer on the decision of my citation. He said that it was very rare that you didn't get a ticket for a rear end crash. However mine was still considered failure of assured clear distance. He said however it would be noted very well that weather was the cause...WHAT?????

I feel sorry for you for being in this accident and glad you didn't get hurt.

With all do respect, i think you were at fault for the accident happening according to what you wrote here. You knew the weather was bad with heavy rain down pours developing a few minutes apart. At first you were driving in the center lane and it stopped raining and you moved to the far left lane and began passing several cars then you could see the weather getting bad again up ahead of you and the road was flooded with rain. The van with the 3 older people had stopped in the road because they had hit the back of someone's car and that is what their supposed to do, they were fortunate that the damage to that car was minor and the driver of the car went on after stopping and looking at it. Before the older people could get moving again you hit them in the rear causing a lot of damage to their van and your jeep. You were not able to control your jeep because you were driving to fast for the weather and road conditions and if you hadn't been driving too fast you would have been able to stop before hitting them or maybe not as hard,just as they did the other car.

The assured safe distance is determined by the weather and road conditions,which you said were heavy rain down pours,fog making it hard to see and the road was flooded from the rain. You said when you noticed them stopped 250 - 300 ft ahead and you hit the brakes the jeep wouldn't stop and this is your responsability to ensure that it does and not to run into anyone.

In those conditions i would have been driving at maybe 20 mph and with one foot ready to press the brake pedal, and not to lock them up.

It was an accident that the weather and your judgement played apart in happening, thankfully no one was hurt badly and that you learned to be a better defensive driver.
 
You also might as well come to terms with the fact that you are probably going to get sued by the old people in the van.
 
Weather condition-
Safe distance to next car-
Prudent speed-
Van parked in lane-

All of these are judgments under your control except one.

Were the emergency flashers going on the van?

I won’t try to fight what’s right or wrong here; but an attorney can help you find legal and illegal.
 
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