HELP! Hit While Stopped...My Fault? - LotusTalk

roadblock · 04-14-2008, 01:18 PM

I've always heard that a stopped car can't cause an accident. Is that true? Here's my story...

I was hit on a freeway on-ramp, and my car wasn't moving when it happened. The U-haul truck driver says (in the police report) that she didn't see me. Police report says it's my fault because my lane was merging with the other lane.

What do you guys think? Anyone have a CVC that I can take to the insurance company or small claims court?

Ian · 04-14-2008, 01:21 PM

Quote:

Originally Posted by roadblock

I've always heard that a stopped car can't cause an accident. Is that true? Here's my story...

I was hit on a freeway on-ramp, and my car wasn't moving when it happened. The U-haul truck driver says (in the police report) that she didn't see me. Police report says it's my fault because my lane was merging with the other lane.

What do you guys think? Anyone have a CVC that I can take to the insurance company or small claims court?

I think more info will be necessary. What part of your car was hit? Were you partially in their lane?

Icedog_16 · 04-14-2008, 01:22 PM

Yes, a diagram would be beneficial.

Monsi · 04-14-2008, 01:23 PM

were you waiting to merge?

Ian · 04-14-2008, 01:23 PM

Is this your second accident that you were blamed for that you felt was the other driver's fault?

Accident - Other Guy Lied to Insurance Company

RacyTracy · 04-14-2008, 01:26 PM

Around here, if you are leaving your lane, it would be your fault.

milehitom · 04-14-2008, 01:30 PM

Maybe "roadblock" isn't the best name to use...I'm just sayin'

In a merging lane, a driver must keep moving and fit in witht he flow of traffic. If a "yield" sign is posted, you must be prepared to stop-the other car has the right-of-way. If that ramp had a "merge" sign posted, you might have a problem.

Tom

Noen · 04-14-2008, 01:31 PM

You should NEVER be stopped on a highway onramp. Ever. If you can't merge with traffic (IE it's stopped), sit on the TOP of the onramp and wait for it to start moving so you can safely merge in. Otherwise you merge in with the flow of traffic.

I've seen and nearly been in several accidents because the retard in front of me is going down an on-ramp and rather than accelerating into merging, he/she STOPS ON THE DAMN RAMP.

tcnohead · 04-14-2008, 01:33 PM

Please don't tell me your one of those drivers that doesn’t accelerate to the speed of the traffic to which you're merging with. If you are, I have no sympathy. If this isn’t the case, the U-Haul driver is at fault. Really, the U-Haul is at fault anyways, legally.

HoustonElise · 04-14-2008, 03:08 PM

As a general rule, I try not to merge in front of large trucks in the Lotus unless if I can be absolutely certain that they see me, or I know I can get in front of them no problem. If traffic is crawling in the merge lane, I will wait until the truck has passed and go behind them. If a truck is trying to merge and I have the right away, I will let them merge ahead of me instead of hoping that they see me...either that, or I just change lanes. The car is small...I always assume that nobody can see me.

LARRY · 04-14-2008, 03:11 PM

Didn't see you in your Lotus?

There's a surprise...

I hope you win, you good Leslie you...

JSteffen · 04-14-2008, 03:20 PM

Quote:

Originally Posted by Ian

Is this your second accident that you were blamed for that you felt was the other driver's fault?

Accident - Other Guy Lied to Insurance Company

WHAT YOU GOT TO SAY "roadblock"

Wasabi · 04-14-2008, 03:50 PM

You definantly need to provide more info, were the metering lights on, is that why you were stopped? I hope that's the reason, or perhaps traffic on the freeway was going only 5 mph... otherwise why in the hell did you stop on the freaking on ramp? Idiots who do that because they can't merge cause accidents, learn to drive and make up your mind when entering the freeway, you should be able to look for a merge spot well before actually merging!

So... I'll assume you had a good reason for stopping, go ahead and explain before everyone brands you as another idiot driver

RacyTracy · 04-14-2008, 04:05 PM

Kind of an appropriate member name....

Sorry...

Z-dculus · 04-14-2008, 04:45 PM

i CANNOT STAND drivers that stop in merge lanes. Officially i think it is the other drivers fault, although that's ridiculous.

MattG · 04-14-2008, 04:53 PM

Hey, let's wait for some facts before lunching roadblock, ok? Also, please keep it civil and avoid posts that could be interpreted as a personal attack.

kestrel74 · 04-14-2008, 04:54 PM

Quote:

Originally Posted by Z-dculus

although that's ridiculous.

RIdiculous or Z-dculus ?

or is that the this or that thread ?

xtn · 04-14-2008, 05:03 PM

I hate drivers who stop on an onramp too. But when we're behind one, or when we're behind anybody for that matter, we should leave enough room to react to whatever they may do.

xtn

SIIK2NR · 04-14-2008, 05:11 PM

Quote:

Originally Posted by roadblock

Police report says it's my fault because my lane was merging with the other lane.

What do you guys think?

I think the Police report is right and if you were stopped it was your fault. It is extremely dangerous to be stopped on a merge. For one, people behind you are expecting you to merge while they are also looking at on coming traffic.

dfa2100 · 04-14-2008, 05:18 PM

It would probably help to know what state you lived in, so we know what laws apply...

04-14-2008, 01:18 PM	#1 (permalink)
roadblock Registered User Join Date: Sep 2006 Posts: 13	HELP! Hit While Stopped...My Fault? I've always heard that a stopped car can't cause an accident. Is that true? Here's my story... I was hit on a freeway on-ramp, and my car wasn't moving when it happened. The U-haul truck driver says (in the police report) that she didn't see me. Police report says it's my fault because my lane was merging with the other lane. What do you guys think? Anyone have a CVC that I can take to the insurance company or small claims court?

04-14-2008, 01:23 PM	#4 (permalink)
Monsi There's your car dude! Join Date: Mar 2008 Location: Kauai Posts: 1,346 Images: 21	were you waiting to merge? __________________ Dude, there's my car!

04-14-2008, 01:23 PM	#5 (permalink)
Ian Certified Fun Stopper Join Date: Sep 2005 Location: San Antonio, TX Posts: 3,837	Is this your second accident that you were blamed for that you felt was the other driver's fault? Accident - Other Guy Lied to Insurance Company __________________ '06 Exige; Polar Blue; Track/Touring/Stage II/LSD-TC '05 Elise; Arctic Silver/Ruby Red (R.I.P)

04-14-2008, 03:11 PM	#11 (permalink)
LARRY It's a Lotus Join Date: Oct 2005 Location: Beverly Hills, Ca. Posts: 12,171	Didn't see you in your Lotus? There's a surprise... I hope you win, you good Leslie you... __________________ 2005 Saffron Yellow Elise, Sports & Touring Packages, Hard Top, Stage II Exhaust, '07 Probax leather seats. Los Angeles Lotus Service by Qais at 310-200-0022. "We know they're magical and worth every minute we spend on them. The whole Lotus owners' world is like a secret handshake among people who understand that." (R&T)

04-14-2008, 04:45 PM	#15 (permalink)
Z-dculus Derriere Extraordinaire Join Date: Nov 2006 Location: US OF A! Posts: 2,128	i CANNOT STAND drivers that stop in merge lanes. Officially i think it is the other drivers fault, although that's ridiculous. __________________ 2006 KG-Sport Pack, LSD, TC, SS, Multivex, Lotus Stage II/powercoated diffuser, CF Zoom Rear View, Sector LidBone, Darth Holder (thanks Kestrel!), Sector 4Tress Harness Bar/CRD Mount, couple exige trim pieces 2004 Nissan 350z - Super Black-too many mods to list-SOLD to my brother 1978 Chevrolet Caprice Classic -(daily driver) *Seasoned veteran member of the KG Mafia

04-14-2008, 01:22 PM	#3 (permalink)
Icedog_16 He Hate Me Join Date: May 2005 Location: Tampa, FL Posts: 3,670	Yes, a diagram would be beneficial.

04-14-2008, 01:26 PM	#6 (permalink)
RacyTracy Emmy Award Winning Join Date: Jan 2005 Location: Palatine, IL Posts: 6,980	Around here, if you are leaving your lane, it would be your fault.

04-14-2008, 01:30 PM	#7 (permalink)
milehitom Registered User Join Date: Oct 2005 Location: Denver, CO Posts: 2,608	Maybe "roadblock" isn't the best name to use...I'm just sayin' In a merging lane, a driver must keep moving and fit in witht he flow of traffic. If a "yield" sign is posted, you must be prepared to stop-the other car has the right-of-way. If that ramp had a "merge" sign posted, you might have a problem. Tom

04-14-2008, 01:31 PM	#8 (permalink)
Noen Registered User Join Date: Sep 2007 Location: Seattle, WA Posts: 203	You should NEVER be stopped on a highway onramp. Ever. If you can't merge with traffic (IE it's stopped), sit on the TOP of the onramp and wait for it to start moving so you can safely merge in. Otherwise you merge in with the flow of traffic. I've seen and nearly been in several accidents because the retard in front of me is going down an on-ramp and rather than accelerating into merging, he/she STOPS ON THE DAMN RAMP.

04-14-2008, 01:33 PM	#9 (permalink)
tcnohead Who needs nicotine? Join Date: Dec 2006 Location: Clearwater, FL Posts: 810	Please don't tell me your one of those drivers that doesn’t accelerate to the speed of the traffic to which you're merging with. If you are, I have no sympathy. If this isn’t the case, the U-Haul driver is at fault. Really, the U-Haul is at fault anyways, legally.

04-14-2008, 03:08 PM	#10 (permalink)
HoustonElise Registered User Join Date: Oct 2007 Location: Houston Posts: 61	As a general rule, I try not to merge in front of large trucks in the Lotus unless if I can be absolutely certain that they see me, or I know I can get in front of them no problem. If traffic is crawling in the merge lane, I will wait until the truck has passed and go behind them. If a truck is trying to merge and I have the right away, I will let them merge ahead of me instead of hoping that they see me...either that, or I just change lanes. The car is small...I always assume that nobody can see me.

04-14-2008, 03:50 PM	#13 (permalink)
Wasabi Registered User Join Date: May 2006 Location: San Ramon, CA Posts: 400	You definantly need to provide more info, were the metering lights on, is that why you were stopped? I hope that's the reason, or perhaps traffic on the freeway was going only 5 mph... otherwise why in the hell did you stop on the freaking on ramp? Idiots who do that because they can't merge cause accidents, learn to drive and make up your mind when entering the freeway, you should be able to look for a merge spot well before actually merging! So... I'll assume you had a good reason for stopping, go ahead and explain before everyone brands you as another idiot driver

04-14-2008, 04:05 PM	#14 (permalink)
RacyTracy Emmy Award Winning Join Date: Jan 2005 Location: Palatine, IL Posts: 6,980	Kind of an appropriate member name.... Sorry...

04-14-2008, 04:53 PM	#16 (permalink)
MattG insert clever title here Join Date: Mar 2003 Location: Living above the clouds in Colorado Posts: 7,239 Images: 11	Hey, let's wait for some facts before lunching roadblock, ok? Also, please keep it civil and avoid posts that could be interpreted as a personal attack. __________________ '05 Elise, Magnetic Blue / Biscuit / Hardtop / http://eliseinfo.com Radar detector mounting brackets for sale here

04-14-2008, 05:03 PM	#18 (permalink)
xtn McLareghini Bugatterrari Join Date: May 2006 Location: Texas Posts: 5,848	I hate drivers who stop on an onramp too. But when we're behind one, or when we're behind anybody for that matter, we should leave enough room to react to whatever they may do. xtn __________________ 2006 McLareghini Bugatterrari, Storm Titanium... <mods> installed: air horn, Scroth 4-point ASM harnesses, Sector111 halon extinguisher and mounting bracket, Von Hep exhaust and rear panel delete, Pagid brake pads, red Volks CE28n wheels, Toyo RA-1 tires, Nitron SA coilovers, Sector111 (WorksBell) quick-disconnect steering wheel kit. awaiting installation: Scroth "pull-up" lap belts, Sector111 RTD Brace, Tony's heater bypass mod, and dropped steering rack mounting plates. </mods>

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04-14-2008, 05:18 PM	#20 (permalink)
dfa2100 Top Speed: Mach 1.12 Join Date: Feb 2004 Location: Wichita Falls, TX Posts: 759	It would probably help to know what state you lived in, so we know what laws apply... __________________ Nightfall Blue, Biscuit Interior, Hardtop Oh, I have slipped the surly bonds of earth And danced the skies on laughter-silvered wings...