Comments on: whose fault is it in this kind of automobile accident (see details)? http://www.wetokolehawaii.com/whose-fault-is-it-in-this-kind-of-automobile-accident-see-details Just another WordPress weblog Mon, 23 Jan 2012 00:37:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: John W http://www.wetokolehawaii.com/whose-fault-is-it-in-this-kind-of-automobile-accident-see-details/comment-page-1#comment-2334 John W Tue, 09 Feb 2010 06:03:35 +0000 http://www.wetokolehawaii.com/whose-fault-is-it-in-this-kind-of-automobile-accident-see-details#comment-2334 There's four strikes against you, you were backing out, you were using the mirror instead of looking out the back, the impact is on the side of her car and you said you didn't have insurance. Your only hope is to dig up dirt on her previous accidents and argue that she's a bad driver and sped into your way or to hope that she doesn't have the financial means for a prolonged court case. Photos of the damage should be brought into the court, if she's asking for repairs that's out of line with the actual damages then her credibility will suffer in the eyes of the judge. It really doesn't matter who is right but rather who the judge would think is more credible and which side has the funds for the lawyers to argue the longest. The judge will be looking for things that sound like facts not rationalizations, besides your arguments of what you saw in the mirror only indicates that you were using mirrors to back out and you're not supposed to do that. The lesson you should take is that in an accident, don't listen to what others says happened, focus on what you know, don't assume you are at fault and don't say anything that you don't know for sure, and learn how to back out properly rather than by using mirrors. The back seat argument doesn't wash, cars are designed with rear view in mind, if the back seat is blocking your view, either you're not seated at the right height or it's the wrong car for you. You also need to react faster, a great deal can happen in a very short amount of time when driving. Also spell "Brakes" properly, it helps your credibility to use the English language properly. There’s four strikes against you, you were backing out, you were using the mirror instead of looking out the back, the impact is on the side of her car and you said you didn’t have insurance. Your only hope is to dig up dirt on her previous accidents and argue that she’s a bad driver and sped into your way or to hope that she doesn’t have the financial means for a prolonged court case. Photos of the damage should be brought into the court, if she’s asking for repairs that’s out of line with the actual damages then her credibility will suffer in the eyes of the judge.

It really doesn’t matter who is right but rather who the judge would think is more credible and which side has the funds for the lawyers to argue the longest. The judge will be looking for things that sound like facts not rationalizations, besides your arguments of what you saw in the mirror only indicates that you were using mirrors to back out and you’re not supposed to do that.

The lesson you should take is that in an accident, don’t listen to what others says happened, focus on what you know, don’t assume you are at fault and don’t say anything that you don’t know for sure, and learn how to back out properly rather than by using mirrors. The back seat argument doesn’t wash, cars are designed with rear view in mind, if the back seat is blocking your view, either you’re not seated at the right height or it’s the wrong car for you. You also need to react faster, a great deal can happen in a very short amount of time when driving.

Also spell "Brakes" properly, it helps your credibility to use the English language properly.

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