as i was coming home from work i had taken a right turn onto a major intersection... i then proceeded a few hundred feet until i saw a toyota corolla put on her brakes. Keep in mind this was jus traffic that she was stopping for. As i started to get my foot off the accelerator and on to the brake my power steering and my brakes stiffened up and i could not not take control of my car. I hit the lady in front of me at maybe 15 miles per hour and damaged the whole back bumper and maybe more. She was injured and 2 kids were injured as well. In total there were 6-7 people in that car 2 of them being adults and the rest children. Now I dont know what to do about this situation. My front bumper is torn as well. What do youll think could have been the cause of the loss of power steering and brakes?

 

something with your electrical system is my guess. but isn't it illegal to have 6-7 people in a car that only seats 5?

 

...

Instead of asking people online to take guesses, have a shop look at it to find the cause of the failure. That is if a failure occurred at all.

 

well yea i am going to get it checked but i was trying to get some feedback from you all. I dont know if its illegal but they did have way to many people in that car but dont know whether they were ticketed or not. Now my insurance is going to jump sky high =(!

 

Hmm.

Did you call a police officer? Did he file a report? And did he write down that there were 6-7 people in that Corolla?

And how fast were you going when you saw her brake? DId you try to apply the parking brake? Did your airbags deploy? Did hers?

Because I'll be honest, I've handled a hundred cases like this at my law firm and generally in rear end collisions, absent clear and convincing proof that your brakes/steering failed, it will come up as your fault.

In other words, the people who were injured from the accident have a good case at the moment.

BUT if they stuffed their corolla with 6-7 people, then that could be factored in as comparative fault. A Corolla has 5 spots with seatbelts total, and if that lady was driving with too many passengers, and if any of the passengers did not have a seat belt on, then most likely they'll be held at fault for their injuries (either in part or in whole).

Hopefully you called the police and they filed a report: you're supposed to call and file a police report for any damage over $500 bucks. Repainting a bumper can cost around that much, and if you're saying that your entire front bumper tore off, I'd expect it to be way over that.

 

Ok soooo let me answer this clearly because you seem very familiar with the process and could maybe help my case.

She called the police, yes he filed a report with my story, and i am not sure whether he wrote down how many kids were in the car, but i know for a fact there were more than 5 people... im pretty sure it was 7 people total and 2 kids were injured and one of the ladies as well. My car had front end damage including the bumper maybe a bit behind that..... I will try to prove the brake and power steering problem, althought it was not able to be replicated after the car had restarted while i move over to the grass which the officer had noted.

So what are your suggestions in this case. Will i be at fault if it is found to be a mechanical error?

 

Well right now it rests upon what the mechanics say. It might help if you call the mechanics and ask them specifically check for what could've caused that error - alot of times mechanics who deal with accident repairs will start replacing everything that looks damaged. If you dont ask them to look for the problem, they might just replace it without checking to see if it caused the problem first. In which case, you're screwed.

Call and ask the mechanic to check for that problem and to document it in writing if he does find it. When your insurance carrier calls you make sure you tell them that your steering wheel and brakes locked up and you lost control.

As for the police report, you should be able to get it in about 3-5 business days. I believe you can request a copy of the police report as a matter of right if you were one of the parties involved. (At least in CA anyway). They may charge for a copy, so get like 20-40 bucks to pay for the report.

If you see that the police report did not note that there were 7 people in the car, you should contact the police dept and let them know of the discrepancy. Although, I'm certain an officer should've noted that and if he was doing his job, he should've also ticketed the driver of the Corolla for having too many passengers.

You can also check to see if there were any citations given by the officer; it'll be on the last pages where the police report will be in the officers handwriting (unless he typed it after he got back to the station.). At the end of the report, he should say who was at fault, and if he cited any of the partys for violationg the statve Vehicle code.

At this point (and pretty much 50% of law practice) its a waiting game. More facts need to come out: either through the mechanic, through the police report, through eye witnesses, etc. And once the facts come out, it'll determine the outcome.

Sorry, I can't give you more advice, but its really too early to seek anything out. IF you have insurance, you won't need to worry about any law suits filed against you since the insurance company should litigate for you. Although, there have been horror stories of insurance parties claiming their own insured as a co defendant in automobile cases... but only the most notorious insurance companies do that... like all state.

 

Sorry I totally forgot to answer your question! Tried editing, but 5 minutes was up.

And to answer your question, if it turns out there is a mechanical error, then it MIGHT NOT be your fault.

See the big problem is, that someone was injured; in Tort law the whole theory is to make the injured person whole again (i.e. make them as if they were never injured). The only way this can be done, since we can't go back in time and undo the accident, is to pay them for their medical expenses and pain and suffering.

The problem in situations like this, where the party causing the injury claims that it was due to mechanical error, is that if the courts rule that its not your fault, then the injured party has no where to go to be made whole again. So in many cases, even if the accident is caused by the mechanical error, they may hold you partly liable and claim that you failed to maintain the car, or that you were travelling far too fast, or whatever reason.

Yeah I know it sucks. But that's the way it works. Tort law cares very little for the people who cause the injury. However, if there is hardcore evidence that the car did mechanically fail on you, and you were not aware and could not have known of the failure, then you should be fine.

 

ok well thank you for more insight on this very darkened subject. I have now 2 accidents under my belt in a month..... i am not going to even have insurance.. they are gonna just take it away from me... as in no insurance is goin to insure me. ahhh shit!!! the first one was my fault, this one is most likely going to be considered my fault and is going to put me in a hole.! sooo yea there goes my rant. Tomorrow it is being taken to the acura dealership to find a potential problem but we will see what turns up.

 

If the car stalled for some reason- like say the ignition switch on a 99 failed after you had it replaced under recall notice, and it caused the engine to stop running, that would result in total loss of power steering and power brakes.
If you hit the brakes hard and the car stalled - thats really odd but could happen
Was the engine still running after the collision ended? Or did you have to turn it off

Acura dealer needs to be the Inspecting techs on this one, documenting every step of the inspection and its results- they know things other shops dont and have scan tools the average shop cant even buy!

Anyone who watches TV knows to claim neck and back pain in a rear end collision- especially people who exceed the legal max capacity- every occupant must be in a seatbelt of their own- no sharing
And children under 6 years or 6 pounds need a car seat or booster seat-

You dont have to do anything but write a detailed report for your agent- make maps and drawings with circles and arrows and traffic ahead....anything that might show the other driver was partially at fault, besides the overloading.
If their view was blocked by 3 passengers in the front seat and they short stopped- that helps you a little.

Basically (based on wife being last in line of 3 cars- first car stopped for traffic slowdown and scrunch went the line) She took out the front of our car, and the middle car got it on both ends and the first car that caused the problem got it in the back.
No one claimed injury at the time, but the neck pain takes a few days to become obvious~

Your insurance covers everything up to your policy limits- so check those out- there is per person and max payout total regardless of how many were injured.
Dont talk to the other insurance company- write your statement for your agent and they can provide it to the others. Do not give verbal statements or phone interview with other company- they are NOT your friend.
Most of the injury stuff is just a few chiro visits, and with tightened insurance rules, your agent/company gets to dig into the medical background of each claimant- fakers get tossed, those in need just get delay after delay.

This is why you pay insurance, hopefully you have Comprehensive to cover your car, otherwise some good used parts will come your way!
All their repairs and medical is covered by your insurance, it ok, these things happen.

 

woops i meant to say insurance company**** ... sorry still in a bit of shock from all this crap... i feel like crap.

 

i know EXACTLY WHAT HAPPENED TO YOU!!!! your ignition switch is damaged!

 

well out of curiosity.. if my ignition switch was damaged... would i be able to drive it home like i did or no???

 

Relax about keeping insured. You make a contract with the insurer for 6 or 12 months normally. During that period, say you get a ticket and 1 point on your record - (this is why you go to driver school and get it off the record)
When the insurer gets ready to renew your policy- they check if any activity on your DMV report and their claims dept.
Oh a ticket- well 1 point no penalty- ok rate stays the same.
2 points- accident- uhoh- ok still within our limits so raise price to level 3 hazard and its a bit more, stay clean 6 months-a year and it goes back down.
Speeding Tickets are a bigger deal to them because it indicates you are a danger who drives too fast.
They can drop you if they want, but there are comapnies who specialize in the hard to insure. With States requiring insurance- they also make sure everyone can get it.

If an illegal immigrant- no papers- no visa- no drivers license, nada- can buy a brand new truck- register and insure it, you should be able too also.

 

Yea you could drive it home they fail randomly

 

i remember the recall being done on my dad's 02 accord a few years back and im guessing this is the same problem. it was about the ignition disabling itself due to a defect and this affected people when they were driving, so I would say that you would be able to drive it home, at the risk of it shutting off again. might want to look into it, as I would guess that this is the reason you lost control

 

hmmm well you have a very interesting point. I was warned by my insurance company already a few weeks ago that they werent going to renew me so we were having to go shopping for new insurance anyways. They really are not gonna like me now because this happened within the same month basically and the insurer was already p o'ed off my first accident. I am only 16 as well so that doesnt help my case. Keep in mind this accident was "my" fault, but really it wasnt due to driver error. I guess my insurance is going to be quite sky high... i will post pics here in a few minutes! thanks for all your positive feedback. i appreciate your help truely and greatfully =).

 

ok well i really like the hopes of me not getting in trouble. but im not gonna keep my hopes up... there could be anumerous amount of things. i have put my parents through alot and the fact that my insurance raising up higher is not helping my situation currently. I will definitely try to convince the mechanic that is looking at my car to put that on a piece of paper coming from him in writing to show the popo if thats the case. because they want hard evidence....

 

Based on what I have read here:
the 99 ignition switch can fail and then work again- as if you wiggled the keys in the ignition.
Similar to the transmission how will act up one day- then be fine.
Ask the dealer to check that for you, looking for anything that would make the car die suddenly-
Do you have a bunch of keys on a ring? heavy?
Is it a 99
Dont make an issue to the dealer about it- but Honda America would be liable to a degree if something made the car die

 

its a 00.... and i wont make a big deal about it... mine was a very erly 00 release of the tl and was in suspicion that this could be affected as well... i will personally not be at the acura dealership to confront them of this issue but will tell my dad to maybe refer to that problem somehow..

 

Sounds like you and the TL are a bad match. Take a break from destroying other people's cars for a while- carpool with friends, ride a bike, and when you can drive with concentration- get a small car with little power, thats about the only thing anyone will insure you in

 

ok well like i said.... this accident wasnt due to driver error.. something was wrong which led to this accident.. yes i did getinto the first accident with it being my fault and it was my mistake. yes i take full liability on that and am not hiding that. so no need for the flame here. im trying to just find out the reasoning for this dreadful occurance... I feel very bad for what happened.

 

id say the children go hurt bc there were more ppl in the car that there were seat belts. try to play it out in court maybe they will let u go on that one.

 

that sucks though, i'm 16 (3 days younger than you) too and I've had my share of close calls, but luckily no accidents. good luck finding an insurance company.

 

yea im going to.... hopefullly i can make somewhat of a turn around in this bad situation and redeem myself from it.... Im gonna fight to make sure i dont get hit with the charges of the 5-6 kids in the car... or the ones that got hurt atleast. ... i guess we will find out tomro =/..

 

ahhh this is killer =(



her before =(

 

sorry for the crappy picture quality.. i ussed my wing to take them

 

looks like u need a bumper. r the airbags blow. i was in a accident about 8months ago where a driver sped up to make a yellow all of a sudden slammed on his breaks i hit him. no damage to teh jeep but i needed a new bumper, grill, hood, and radiator. luckily the cop who came know my bro (my bro worked on his car before) so the guy left early with out knowing the court date. let off free but had to pay out of my pocket.

 

I would say you may need a new hood/fenders, as they look pretty out of line in the pictures compared to where they were. Not too sure though. That sucks man, sorry to hear about it.

 

noo airbags are fine!! THANK GOD!! tat would have been a nightmare.. and the city i wrecked in was a nightmare in its own.. a bunch of fuckin retarded hick cops.. i swear! but newyz aside the fact... i hope to deal with this situation very easily and calmly to get this whole thing finished with.

 

yea i will need a new hood and bumper.. dang im suprised u were able to notice that jus from the pictures lol.. but yea umm hopefully i can get both of them and painted.... dont know whats gonna happen with the coverage and how they are gonna handle this.. we'll see.

 

yea well knock on wood!!! its a nightmare and wish this whole ordeal never occured..

 

thats not enough damage to your car to have caused and ~serious~ injury to anyone wearing a seatbelt in the other car.

 

see thats the thing..... they are assholes.... there were like 5-6 kids in the back with no seatbelt... and 2 adults in the front... now if you think of the plastic body of an 08 corolla u will sure as hell find the reason for injuries.

 

wow. that sucks. good luck getting this sorted out. I have a few questions, though.

1. How the hell do you fit 7 people in a Corolla, even kids?
2. Pics would be nice, although it is understandable how you feel right now
3. relax. It's not your fault. Just wrong place at wrong time.

keep us notified, and best of luck

 

i had 5 adults in my TL and the back seat was cramped couldnt move over an inch. and talk about a corolla with 7ppl. wtf were they thinking

 

think you only need a new bumper. Hood doesnt seem damaged, and bumper seems to have just fallen away from the fender, so no harm done. you might wanna check for anything mechanical behind the bumper that is damaged, though.

 

yea exactly! see this is what happened.. as soon as i hit the lady... i jumped to go see if they were all right.. they open the door and 1 or 2 of the kids were sittin on top of the other... iwas ike wth.... but yea.... pictures are up of my dmg but was unable to attain the pics of the dmg of the corola. it got messed up reallly bad... the whole bumper fell off and the rear end was just a disaster... that car was built like shit... it was a low mph impact and it did horrible.

 

make sure you put that info in the report you give your insurer. All the info they can get will help
they can force the other people to list all the occupants and their seating position.....
then you get into an area of perjury~
Get that police report asap- call monday and ask them when it will be available

 

W formation ftw