| Author | Message | ||
| Jason Simons (Bigblock01)
Registered Member Username: Bigblock01 Post Number: 38 Registered: 6-2008 Posted From: 209.164.238.7  Rating: N/A |
This is what our bus looks like after breakdown on 321 south in Jasper county SC. Hit in rear by Chrysler Crossfire. Electrical issues made the lights go out. Got stop trying not to get to close the the ditch had not had time to make it out of coach to put triangles out when car was coming. Was told car speedo was stuck at 72. No injuries in coach. Not sure about car they went to hospital to get checked think might have been a broken ankle. Oh ya Radiator was less than a month old just had new caps and core put in.  | ||
| Bill Gerrie (Bill_gerrie)
Registered Member Username: Bill_gerrie Post Number: 483 Registered: 3-2006 Posted From: 216.198.139.38  Rating: N/A |
Jason What a shame. I sure hope they had insurance. Good luck. Bill | ||
| marvin pack (Gomer)
Registered Member Username: Gomer Post Number: 1324 Registered: 3-2007 Posted From: 71.55.183.81  Rating: N/A |
I would almost, if I were a betting man, the speed limit was 55 and maybe 45. Is that a 4905 or an 06?? Gomer | ||
| Jason Simons (Bigblock01)
Registered Member Username: Bigblock01 Post Number: 39 Registered: 6-2008 Posted From: 209.164.238.7 Rating: N/A |
Yes sir speed limit was 55 just out of a 45. It is a 4104 1958 PD4104-3709. Hope to fix insurance talking about totaling trying to keep from having a salvage title. | ||
| marvin pack (Gomer)
Registered Member Username: Gomer Post Number: 1326 Registered: 3-2007 Posted From: 71.55.183.81 Rating: N/A |
keep us informed as maybe you could buy it back and sell the parts off or rebuild it. I have a 57 4104 and they are a tough old bird!! I may know where some parts are if need be. Call me. Number on Profile Gomer | ||
| Dal Farnworth (Dallas)
Registered Member Username: Dallas Post Number: 480 Registered: 7-2004 Posted From: 75.91.192.82  Rating: N/A |
They just don't build Mopars like they use to! The damage isn't that bad, mostly fit and weld, and some skin that needs replacing. don't let them go for salvage title! | ||
| Sean Welsh (Sean)
Registered Member Username: Sean Post Number: 1253 Registered: 1-2003 Posted From: 67.142.130.43  Rating: N/A |
I would guess it to be the other way around, when all the subrogation is done. This is exactly the sort of circumstance that is likely to end up in court, so if it were me, I would start gathering and preserving your evidence now. Their excessive speed (if proven) might be found to be a contributing factor in the crash, but if you had no lights and no warning devices after dark and were protruding into the traffic lane at all, many courts will find you substantially responsible. You want to take special care to document items which might have been damaged in the crash but could reduce your culpability, such as whether or not you had all the legally required conspicuity devices in place. You might also want to get to the root cause of your lighting failure; if that was caused by another party such as a shop which worked on the coach, or negligence of the previous owner, you might be able to cross-claim. FWIW. -Sean http://OurOdyssey.BlogSpot.com | ||
| Brian Evans (Bevans6)
Registered Member Username: Bevans6 Post Number: 26 Registered: 5-2009 Posted From: 65.92.54.2 Rating: N/A |
My first thought was like Sean's, that you will be sharing significant responsibility for the accident. A Crossfire's computer will know exactly what the speed was for the period preceding the crash and may even know direction and location from a GPS function. One reason I document a daily inspection, including lights, is that such a record can be useful if you can show that you do it every time, on a consistent basis. Other than that, it's just your word that the lights were working right up to that moment... Hope it all works out good for you! Brian | ||
| John & Barb Tesser (Bigrigger)
Registered Member Username: Bigrigger Post Number: 502 Registered: 9-2007 Posted From: 96.42.5.35  Rating: N/A |
Jason, We are so sorry to hear of your accident. We have followed your family some since we are also involved in Gospel music. I am so glad to hear no one was seriously injured on either side! Always remember that God is in charge and will make the best come out of whatever situation we find ourselves in. You will be in our prayers, John and Barb | ||
| Len Silva (Lsilva)
Registered Member Username: Lsilva Post Number: 467 Registered: 12-2000 Posted From: 72.187.35.208  Rating: N/A |
As much as I hate the idea, I think Sean is right (first time ever), and you may be in for some legal problems. If it were me, and I'm very glad it is not, I would talk to a lawyer today and explain the entire situation. It shouldn't cost much unless and until they are needed, but you need to be ready. Consider the total damages to the bus, the car and the people and you could easily be found 80-90% responsible because of the lights not working, even if the car was speeding. They will not be interested in why they are not working, that is your responsibility. Even if the lighting failure was caused by another party, you will still be responsible, and expected to recover your damages from the other party. Trust in God but have a good lawyer. God is not going to defend you in this life. I really don't want to scare you but it's things like this that can turn out to be a big deal if the other party is suit happy. (Message edited by lsilva on April 06, 2011) | ||
| Dal Farnworth (Dallas)
Registered Member Username: Dallas Post Number: 481 Registered: 7-2004 Posted From: 75.91.199.134 Rating: N/A |
Yup, I answered too quickly. I rescind that post. I'm sorry if it gave you false hope. Rule Number 1: The Driver is ALWAYS Responsible. Rue Number 2: See Rule Number 1. If your vehicle was unserviceable with no lighting and some one butt rubbed you.. you are responsible. Too many here and other places depend on little things like someone backing them into a spot. Unfortunately, the law says that if you are behind the wheel and you hit something, or someone hits you and you are not legal.. well, too bad. It's your fault. Now.... Get Ian to get rid of this thread to do some CYA. | ||
| Len Silva (Lsilva)
Registered Member Username: Lsilva Post Number: 468 Registered: 12-2000 Posted From: 72.187.35.208 Rating: N/A |
It could also be that the driver that hit you is a decent sort and acknowledges his responsibility. That does not seem to be the norm these days, but it could happen! | ||
| ED Hackenbruch (Shadowman)
Registered Member Username: Shadowman Post Number: 362 Registered: 11-2003 Posted From: 75.211.252.85 Rating: N/A |
Well just to offer another point of view, :>) In most states from what i have heard, if you rear end somebody you are automatically at fault. Could be as a result of speeding, overdriving your headlights, too fast for the conditions, which could be rain, fog, dust storm, snow, sun in your eyes, etc. etc. Years ago in WA State some friends of mine were headed home at night and ran into a guy that was sitting in their lane with no lights on......They were the ones that got the ticket, it was based on not seeing an obstruction in the road and failure to use due care. | ||
| ED Hackenbruch (Shadowman)
Registered Member Username: Shadowman Post Number: 363 Registered: 11-2003 Posted From: 75.211.252.85 Rating: N/A |
Almost forgot; they also had to pay for the damages to his car. | ||
| Gary Seay (Gdude)
Registered Member Username: Gdude Post Number: 47 Registered: 6-2010 Posted From: 166.205.141.149  Rating: N/A |
In my state it's the same way, you rear end someone, it's your fault. | ||
| Jim Wilke (Jim Bob) (Pd41044039)
Registered Member Username: Pd41044039 Post Number: 627 Registered: 2-2001 Posted From: 184.0.13.120  Rating: N/A |
Usually the same in Florida. | ||
| Larry & Lynne Dixon (Larry_d)
Registered Member Username: Larry_d Post Number: 308 Registered: 7-2005 Posted From: 96.253.163.11  Rating: N/A |
I myself would check the lites, a good possibly they were working fine after all. Sure could be possible. | ||
| Austin Scott Davis (Zimtok)
Registered Member Username: Zimtok Post Number: 463 Registered: 9-2006 Posted From: 173.166.209.1  Rating: N/A |
Well I'm glad that some courts/people recognize that there are circumstances that the person that hits someone from behind is not always at fault. It happened to me. I was in the right lane of a 3 lanes the same direction (6 lane road) a van was to my left and just ahead, then a car swerved from the left most lane across the front of the van and into my lane to nearly a complete stop then started to pull into a driveway. As soon as I saw the car pull into my lane I hit the brakes but I still hit them from behind. They tried to sue me for $150,000. My insurance company's lawyer was not going to let that happen. 3 years later in a court with a jury I was found not guilty. When questioned afterward the jury members said that it was very obvious from the evidence and testimonies that she pulled in front of me causing the accident they also thought that she might have done it on purpose just to file a claim. . | ||
| ED Hackenbruch (Shadowman)
Registered Member Username: Shadowman Post Number: 364 Registered: 11-2003 Posted From: 75.211.202.78 Rating: N/A |
I believe that they call that a swoop and squat and that van to your left was part of the act.....to block you in so you had nowhere to go. | ||
| Ian Giffin (Admin)
Board Administrator Username: Admin Post Number: 1434 Registered: 7-1997 Posted From: 24.239.5.12  Rating: |
Jason, Make certain you have an accident re-constructionist assemble a report for you. This person/team will be able to determine the actual speed of the other vehicle and if it is scientifically proven that it was going 72 or any other number above the speed limit, a competent lawyer will successfully argue that if the driver was going the proper speed, the accident wouldn't have happened by siting reaction times, operational reflectors on the bus (guess what, that's why they are there!). Best of luck. Ian www.busnut.com | ||
| Teresa (Happycamperbrat)
Registered Member Username: Happycamperbrat Post Number: 118 Registered: 5-2009 Posted From: 72.67.16.123 Rating: N/A |
I wanna see pics of the other guy. I bet his car was a real mess.... | ||
| Mike Eades (Mike4905)
Registered Member Username: Mike4905 Post Number: 208 Registered: 12-2000 Posted From: 70.126.183.226 Rating: N/A |
I got set up up by a bump and run driver and the court found me not guilty in the state of Massacusetts | ||
| GlennVin (Glennvin)
Registered Member Username: Glennvin Post Number: 46 Registered: 10-2002 Posted From: 75.90.16.100  Rating: N/A |
Hey Jason, Sorry that this happened to ya. If it turns out you need a tailgate, let me know. I know where one is within a couple of hours of ya. Glenn Tallulah Falls, GA | ||
| Glen Rice (Rgrauto)
Registered Member Username: Rgrauto Post Number: 13 Registered: 2-2006 Posted From: 71.31.236.137 Rating: N/A |
Hello Glenn I have not seen you on here for a while, hope you are well. I thought y'all sold the 4104 that you used in the gospel music band. Are you still singing? Well it's good to see you on the board, give me a call sometime, have a blessed day, Glen Rice | ||
| John MC9 (John_mc9)
Registered Member Username: John_mc9 Post Number: 1196 Registered: 7-2006 Posted From: 74.162.81.100  Rating: N/A |
Jason.... Re: "This is what our bus looks like after breakdown on 321 south in Jasper county SC. Hit in rear by Chrysler Crossfire. Electrical issues made the lights go out. Got stop trying not to get to close the the ditch had not had time to make it out of coach to put triangles out when car was coming. " It doesn't matter if you were in the middle of the road without lights; your vehicle broke down, and there were no lights due to that. The bottom line: The vehicle hit you while you were stopped due to a breakdown. You are not at fault, the clown that hit you, is. Don't let the doomsayers here be the cause of high anxiety. The guy's insurance company should make good for your repair work. If you're in a "no fault" insurance state, your company should make good for all repairs. If the damage exceeds the value of the vehicle, they should give you the full insured amount, and you may be able to retain the rights to the vehicle. If it were me? I'd take the cash and run. Good luck, and stop worrying. John (Message edited by john_mc9 on April 12, 2011) | ||
| David Dulmage (Daved)
Registered Member Username: Daved Post Number: 282 Registered: 12-2003 Posted From: 174.136.115.189  Rating: N/A |
The position of the insurance company will most likely be that your breakdown with no lights set up the situation that caused the accident. It's not always automatically the fault of the driver that rear-ends a vehicle. Aside from that, someone was injured. It could have been a lot worse. FWIW Dave D | ||
| marvin pack (Gomer)
Registered Member Username: Gomer Post Number: 1353 Registered: 3-2007 Posted From: 71.55.178.71 Rating: N/A |
BigBlock what is the latest on your coach?? Keep us updated. You are not in jail are you?? LOL Gomer | ||
| Jason Simons (Bigblock01)
Registered Member Username: Bigblock01 Post Number: 41 Registered: 6-2008 Posted From: 75.203.103.163 Rating: N/A |
Gomer not in jail the insurance company totaled our 4104 pay use the value we had it set at and tow bill told us if we keep it we would have salvage or rebuilt title had to go have inspection and all so we opted to let go. Just recently pic up an 82 Eagle 10 with 6v92ta and 5 speed taking some adjusting but its nice come close to a PD4905 but it got gone two days before We could get there. Still got our Mc9 got to rebuild engine in it.  |
