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bigman241
05-08-2011, 15:29
I was in the next town on friday headed north on a divided highway. A newer(2005-2011) bmw pulled across in front of me and I smashed into it doing about 40mph, I struck it just on the front half of the passenger door.

I was driving our f250 desiel so the 1-2 seconds I had to stop did nothing even though I smashed the brakes. I pulled my left arm in front of me and when the air bag went off it pushed my arm into my chest :smiley5: being so big I pushed right through the air bag and into the steering wheel, I smashed my arm and chest into the wheel nearly breaking my arm in two spots :smiley19::smiley19:. Being so tall I went right up on the wheel and smashed the left side of my forehead onto the windshield busting it. Though oddly I did not remember this, I got a bad headach at the ER and found a big knot on my head yesterday morning. When we went to the truck yesterday you can see the spot were my head smashed it:smiley11:.

The air bag burnt my arm I bashed my leg on the fuse box busting it open, and today my knee is killing me, I can not bend it anything over 20% I think when I locked it out and on the brake it mess my knee up from the force.

I ant dead, but in a fair amount of pain from my head to toes, and our truck is all but totaled, but could be worst. I know the bmw was trashed, guess it went from being a compact to a super compact.

I do have a question for you guys, normally if someone pulled across traffic and their not at an intersection but just turning off at a open spot in the road and get hit by someone in the lane their crossing it would be the person crossing traffics fault right?

bennerman
05-08-2011, 15:58
Jesus christ, man! Hope you are doing ok?

Anyways, I don't have my license yet, but it sounds like they are at fault. Probably not going to stop your insurance from sky-rocketing, though :(

Bert
05-08-2011, 16:52
If your going in the direction of traffic and the other car crossed traffic, you should not be at fault. If I were you I would get a copy of the police report and you will have your answer. I hope you recover quickly.

snagel
05-08-2011, 16:53
Dude...you might be bruised, but at least your still with us.

The way a cop explained it to my brother is that if a vehicle is driving down a road, it has the right of way. If you pull into the lane of traffice (or in my brothers case open his door in a lane of traffic) you are at fault. Yes, he opened his door and it was taken off by a car passing by and he (my brother) was at fault. I'm sure every state may have a different way of looking at things.

Snagel

mm2002
05-08-2011, 18:29
The poor guy in the bimmer was probably in the middle of an important text message and didn't see you coming. You are at fault because texting obviously takes priority over driving a motor vehicle. You should have been more cautious.

Zenagirl
05-08-2011, 18:35
The other guy is at fault and should not only pay for your truck and medical expenses, but also pain and suffering. I'm not one of those that is all about screwing the insurance company for everything you can get (since it raises rates for the rest of us), but you should get what you need and deserve considering HE was the one who pulled out in front of you.

Hope you feel better soon.

bfmorgan
05-08-2011, 18:54
I am glad that you survived and I hope the bodily damage repairs itself quickly. 40 mph is fast enough to sustain a lot damage to the vehicle and of course you.

DiveHard
05-08-2011, 21:54
Wow!! Glad your ok!! Guy in the other car is lucky to be alive after tangling with a truck. Usually the person issued the citation in an accident is at fault. Sounds like he violated your lane space and paid the price. Get what you feel is fair. Get well soon..

DivingCRNA
05-08-2011, 22:24
Dude, I am glad that you are OK, but I have one question: Did the cop write you a ticket for not having your seatbelt on?

I apologize in advance if I am wrong, but I cannot see how else you hit your knee on the fuse box and head on the windshield in a head on crash.

crgjpg
05-08-2011, 22:34
Dude, I am glad that you are OK, but I have one question: Did the cop write you a ticket for not having your seatbelt on?

I apologize in advance if I am wrong, but I cannot see how else you hit your knee on the fuse box and head on the windshield in a head on crash.

I agree. From the description it sounds like he was not wearing his seatbelt. There are not enough details in his statement to indicate who was at fault. He does not mentioned what if any traffic control devices were at the intersection. He does not mention what the speed limit was on the road he was driving. But from the limited details, it is probable that the BMW is at fault.

bigman241
05-08-2011, 22:35
I think this is what happen, still alittle fussy in my head. My left leg not my knee hit the fuses, I am guessing when I came up and forward it hit the fuses, because it is hit low on my leg(about 2-4 inchs above my sock line, the fuses are up higher. I think when I hit with my right leg locked out on the brakes(the knee that hurts) the force just pushed my knee to much, might just be some good old wreck pain and might go away, my knee was bad before but it hurts like **** now, worst then when I tore my cartilige out of it, as I moved forward and up my head then hit the wind shield. Still not sure, I know my right knee is killing and I know I hit the windshield, see bashed wind shield and knot on my head.

Who knows, I will let yoy guys know more when I get the police report. He did not write me for the seat belt, I am not sure if he knew as the only one to ask was a nurse and emt

Straegen
05-08-2011, 23:11
If this isn't your fault, I suggest getting a lawyer. You will probably want to sue for damages beyond just car repair and initial medical costs. Many insurance companies will quickly settle on 20k above initial costs. Despite walking away from this you will probably have trouble with various joints and such for the rest of your life. I am not a fan of hitting an insurance company for suffering damages in most cases but you need to protect yourself and in this country that means covering long term medical bills.

I am guessing you were not wearing a seat belt from the sound of the accident which will likely help his defense if and when you sue for additional damages.

Who is at fault often rests with the tickets given on scene. If the police officer ticketed both vehicles in an accident, it is usually the first vehicle listed on the police report in the officers opinion. If you do get a ticket, fight it. If you plead it out by paying the fine, it admits guilt to the offense and can hurt future litigation.

Straegen
05-08-2011, 23:17
Also, make sure you get that head looked at by a specialist and not just an ER doc. Head wounds and major concussions are very serious. I had two serious ones when I was in my teens and I now suffer from a series of onset conditions that are directly attributed to those injuries. Major head injuries have a way of coming back on you with age and conditions tend to present over time.

Defman
05-09-2011, 10:48
F'ing BMW drivers, they are the worst!!!

bigman241
05-09-2011, 12:18
the speed limit was 40 or 50, I was doing about 40ish as I had got on the road about a 1/2 mile back. He was crossing at a turn but no intersection, it was a spot to turn in off one side of the road onto the other for stores. Again no light or sign, in fact there is a yeild sign on his side of the road. The cop did not give me a ticket and never said anything about it being giving me one. Their easy going around here.

I have a 1:45 appt with my doc so will se what he says, I know today I am on crutches for my knee, I can hardly walk on it. Though it was messed up before, not near as bad now. Figure I will see what he says then go from there, as to weather I call a lawyer or not, likely I will. I see a new motorcycle and my jeep paid off in my future:smiley36:. A friend said ohh you did it for the money, nope no way in HELL I would risk my life or body on a check, let alone hit a bmw going 40 in a f250, the people are lucky I hit them in the front quarter panel and not the door, I doubt it would have went well

TwistedSister209
05-09-2011, 12:55
Sorry you got hurt, biggie! And sorry about your truck!

Miked
05-09-2011, 13:59
Scary.
I'm glad that you are at least well enough to share the story.
Best wishes for a complete and speedy recovery.

bigman241
05-10-2011, 23:24
hit the police station today, the report, officer, the 3 witnesses and even the driver say he pulled out infront of me and was at fault. His insurance company is working on our truck settlemant and said as soon as I was healthy they would settle with me, when I spoke with him later in the day he seemed like he would be making me a offer on my side of it tomorrow, I ant getting in a hurry. Going to see what the doc says in two weeks, should my knee still be hurting I am going to ask for a mri and referral to a spec. and just tell him, I can not wait around to find out what is wrong. He told me should I hurt it again I would need a knee replacement. my back and neck still hurt, but besides my knee my big concern is the fact I am having migrans 3 or 4 times a day, heck I took 2 10mg vicodones within 3 hours of one another and they do nothing for the headachs