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Old 01-12-2009, 12:20 PM   #1
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the death of a focus :(

Hi everyone, I own a 2008 ford focus coupe , vista blue, tinted windows, 10" sub in the trunk, blue lights on the interior, blue and black seat covers. I have around 26,000 miles on the car.
Let me set the scene for you; its a Wednesday afternoon, approximately 5:15, its raining out, not hard but enough to where you need wipers. The sun is setting, every car on the road has their headlights on....except one!
I pull up to a stop sign on a minor highway, look both ways few times looking for a decent break. When I finally see that both ways are clear, I start to pull out and I notice something strange coming towards me on my left. So I stop, about a foot and half past the line, I lean down towards the window crank and by the time I touch it, I hear a car horn and smash.
I move the car off the road while holding my left side of my head... it hit the window upon impact... the other driver stayed in his van, and I got out of my car, shut the door, called my gf, tellin her what happened and to come to me.
I ask the man if he is ok, he then proceeds to get out of his van, cussing me, and threatening me. I told him to get the F back away from me because after I was done with him he would need to be resuscitated. Another motorists stood between us while he threatened me... needless to say I was rushed to the hospital because I had a small concussion.
I was charged with failing to yield... I plan on fighting this in court soon. Today I received a phone call from the body shop telling me that the car was totaled. The van hit directly on my front left tire, and caused everything to be pushed 5 inches towards the drivers side.



Last edited by iminhell; 01-12-2009 at 02:43 PM.
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Old 01-12-2009, 12:24 PM   #2
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Man im sorry! Stupid drivers like that need to be off the road! Glad to see your okay though, all that matters.
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Old 01-12-2009, 12:27 PM   #3
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Well, you have an case there. Tell the judge that the douchebag didn't have his lights on and ask to see if the police measured the length of his skidmarks to determine if he was speeding or not. He probably was, that's why he got out of his car shouting like an idiot. If he throws anything at you in court, you could countersue his butt with the hospital bills from the injuries that you received in the crash. Also, you have witnesses that can attest to his behavior after the impact. Glad that you walked out of that one!
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Old 01-12-2009, 12:30 PM   #4
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I hope that you do get some satisfaction in court. I mean you didn't yield, but you also didn't know there was anything to yield to because of his headlights being off.
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Old 01-12-2009, 12:42 PM   #5
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That's totally CRAZY!!! Man, I'm so sorry about the loss of the foci, but at least your alright. You'll win the case.... My Uncle is a lawyer and this is something I know a little about. You didn't yield, but that has no connection to the case if he didn't have his lights on and you couldn't see him. That is totally you.

If it were me, I'd counter sue for all you hospital bills, the car of course, and some extra dough, ya know, a few thousand for personal damages. Maybe you could use it to do some things to the foci!!!! haha, I kid, I kid.

Good luck in court man, tell us the outcome as soon as you find out!!!!
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Old 01-12-2009, 01:05 PM   #6
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damn!!.. that sucks man, glad to know that you are ok...and i think that you have a good chance of winning this one... no headlight on the rain?? ... cmon... i hate that, like people that doesnt used their blinkers... how in the hell im going to know where you are going???.... but anyway... good luck and keep us posted..
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Old 01-12-2009, 01:17 PM   #7
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In Ohio I believe it is a law that if your wipers are on your lights are supposed to be on. I know for a fact that the law in Ohio states that lights must be turned for 30 mins after sunrise and turned on 30 mins before sunset. Not that it is really enforced. I don't know what the laws are for Maryland are though.
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Old 01-12-2009, 01:19 PM   #8
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It sucks when that happens. I dont know if you are gonna win though. Technically you did fail to yield. Does your state have a wipers on lights on law? Only some do. SInce the sun was setting he was not required to have his lights on if theres no law in your state (i know it really sucks!). In nj headlights are required 30 minutes after sunset til 30 minutes before sunrise (and that is pushing the limits of dark in my eyes). Even if you are in the wrong here in the eyes of the law I still feel your pain. Anyone with even the slightest bit of intelegence and consideration for other human life will make sure they can be seen. Hopefully the laws of your state are on your side. The best that could happen is its considered a nofault crash.
Good Luck my friend.
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Old 01-12-2009, 02:19 PM   #9
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thx everyone. My insurance is gonna cover all my medical bills. I was hoping the car was not totaled but today wasn't my day.
I found out, if a 92 Dodge Caravan hits you, square on your front tire, it really does some damage. There were no skidmarks, since it was wet out :( The dumb state trooper wrote on the report that the weather was clear.
I think there is a law in Maryland about the headlights and wipers. I know there was talk about it in Legislature, but don't know if it was ever passed. Any sane person would know that in low visibility, you turn your lights on so others can see you. The cop tried to argue with me because I have tinted windows, but I can see perfectly out of my windows. The only time it is difficult is when its late out, but at those hours, everyone has lights on.
I have a feeling in court, the other driver is gonna be like he had tint and couldn't see anything. I have tint for a reason, I have extremely sensitive eyes, thanks to an injury with a slingshot when I was 10. Without tint or polarized glasses, it's hard to see anything due to glare.
After I stopped, and was in the process of reaching for my window crank, it probably was a good 5 to 10 seconds, and there was no other traffic coming from the opposite direction. He had the ability to avoid the collision if he simply hit his brakes lightly and swerved. I'm hoping the guy does not show up to the court case, in that situation I would win.
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Old 01-12-2009, 03:02 PM   #10
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I'm not going to church any of this up so sit tight.

1. You stopped past the white line. That line is considered the entry of the intersection. So if you stop past that line you can be given a failure to yield, failure to stop or inattentive driving type ticket. This should have been taught in your driver's education class and is in the driver's manual.

2. The vehicle that does not have to stop will rarely be in the wrong and by rarely I mean never. No headlight's on or not you where in the wrong and there is no way around that.
You mention you have extra sensitive eyes. This could easily be fought and won in open court that your ability to drive is hindered by your injury as a child making you more likely to make poor judgment on the roadway.

3. You paused. You noticed something out of the ordinary and reacted too slow to attempt to avoid it. Your vision and tinted windows probably didn't help things nor did the mist coming down. But in the end you are at fault, sorry.


I'm not sure exactly where Maryland driving laws are but I found this little snippet --> http://www.sha.state.md.us/Safety/oo...afficsafe2.asp

Sorry for your loss.
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