Little Freaked out about Car Accident

[smokeyblue]

This afternoon I was in a car accident. I was going north up a through street and two construction vehicles were blocking the north side of the intersection. They talked back and forth for about half a minute while I waited. The front end loader that was blocking my lane faced in my direction (as in he was traveling in the wrong lane). He turned right into the street the that was closed for construction. When he cleared my lane I started traveling north. As I was going through the intersection he backed out of the construction zone and T-Boned my car.

So my drivers side from nearly bumper to bumper is creased. I'm not too injured, just a little sore. Seems like an open an shut case right? Wrong, the cop says he doesn't know is at fault because it was a work zone. He wasn't sure or not if the loader driver was allowed to back up since it was a work zone. Also the witnesses were the other construction people, obviously lacking credibility because of their relationship with the loader operator. The other witnesses were a couple of people having a garage sale on the other side of the street. All these witnesses purportedly told the cop that I was "trying to get around the loader". The other witnesses couldn't have seen the accident because there were construction barricades and the loader in the way. I'm pretty irritated that these people felt the need to report something they couldn't have possibly have seen. Whatever they reported was pure conjecture and not witness testimony I was also told there was another witness who called the police station. This was the car that was stopped behind the second construction vehicle going south. That person would have had a good vantage point, I will see what they had to say when I get the accident report.

I am terrified that I am going to get a ticket and my insurance is going to go through the roof. The cop was so rude to me. I'm not talking by the book, I'm talking unreasonable and unwilling to listen. I had to go over the facts several times because he didn't understand the loader was traveling in the wrong lane.

My dad used to work in road construction and told me there was no way that I could get a ticket for traveling a thru street. The only way I would have been required to stop was if there was a stop sign or a flagman who signaled me to stop and neither were present.

Anyone know anything about construction zone laws or have any input?

 

[NinaBella]

Call an accident injury lawyer that are free. Go take pictures of the area before the construction area is moved. If you were in your proper lane you were in the right. The loader should have had a spotter when backing up but I don't know what the traffic law is on that.

 

[davedmaine]

This afternoon I was in a car accident. I was going north up a through street and two construction vehicles were blocking the north side of the intersection. They talked back and forth for about half a minute while I waited. The front end loader that was blocking my lane faced in my direction (as in he was traveling in the wrong lane). He turned right into the street the that was closed for construction. When he cleared my lane I started traveling north. As I was going through the intersection he backed out of the construction zone and T-Boned my car. So my drivers side from nearly bumper to bumper is creased. I'm not too injured, just a little sore. Seems like an open an shut case right? Wrong, the cop says he doesn't know is at fault because it was a work zone. He wasn't sure or not if the loader driver was allowed to back up since it was a work zone. Also the witnesses were the other construction people, obviously lacking credibility because of their relationship with the loader operator. The other witnesses were a couple of people having a garage sale on the other side of the street. All these witnesses purportedly told the cop that I was "trying to get around the loader". The other witnesses couldn't have seen the accident because there were construction barricades and the loader in the way. I'm pretty irritated that these people felt the need to report something they couldn't have possibly have seen. Whatever they reported was pure conjecture and not witness testimony I was also told there was another witness who called the police station. This was the car that was stopped behind the second construction vehicle going south. That person would have had a good vantage point, I will see what they had to say when I get the accident report. I am terrified that I am going to get a ticket and my insurance is going to go through the roof. The cop was so rude to me. I'm not talking by the book, I'm talking unreasonable and unwilling to listen. I had to go over the facts several times because he didn't understand the loader was traveling in the wrong lane. My dad used to work in road construction and told me there was no way that I could get a ticket for traveling a thru street. The only way I would have been required to stop was if there was a stop sign or a flagman who signaled me to stop and neither were present. Anyone know anything about construction zone laws or have any input?

Be careful asking for legal advice here .. Not the place for it

 

[lost*in*cyberspace]

Hopefully you immediately contacted your insurance company. Let them deal with this.

 

[MillauFr]

The construction company should have hired flaggers to control traffic. I would call an attorney prior to calling my insurance company and asking for their advice.

 

[DebbieB]

Call an accident injury lawyer that are free. Go take pictures of the area before the construction area is moved. If you were in your proper lane you were in the right. The loader should have had a spotter when backing up but I don't know what the traffic law is on that.

An accident injury lawyer only takes the case when you are suing for damages and they then take part of your settlement. I don't think that would apply here. I would call your insurance company.

 

[supersnoop]

If it happened as you've described, and the important part is the heavy equipment backing into you, your insurance company should go to bat for you. Leave it up to them; that's what you pay them for.

 

[smokeyblue]

Thanks for the general advice. I wasn't looking for any specific legal counsel for the person who was concerned just advice based on experience. I've never had an accident or had to make a claim. I am looking forward to talking to my insurance to find out what is what.

I ended up going to the ER because I developed a massive headache and stiff and sore shoulder and sore hand. I better be in good shape before my trip.

 

[buzz2400]

I'm not giving legal advice but I work for attorneys. What I tell my family members whenever something like this happens, take pictures of scene and car. Also write down everything that you remembered happened. Why because if this becomes a civil suit, it could take over two years to get to court and you will forget things. You also said you did how to dr. I would consult an attorney.

 

[smokeyblue]

I'm not giving legal advice but I work for attorneys. What I tell my family members whenever something like this happens, take pictures of scene and car. Also write down everything that you remembered happened. Why because if this becomes a civil suit, it could take over two years to get to court and you will forget things. You also said you did how to dr. I would consult an attorney.

Thank you for the advice. I took a few photos on the scene and went back and took photos an hour later. I was just 3 blocks from my boyfriends house when the accident happened so we jetted over real quick and took a few photos. I'm glad we did it right away because I started feeling sick a half hour later and not long after that the body aches set in and then I got a massive headache that kept coming and going. I went to the ER and got checked over. Just whiplash, bruises and a jammed thumb thankfully.

The good thing about the photos is that I didn't realize that there was a a pick-up truck parked in front of the "witnesses". I went back to my photos right after the accident and then my photos an hour later and the truck was still there and so were the people. My photographs show that they couldn't have possibly witnessed the accident. I also created several diagrams showing the sequence of events including a description of what was happening in each diagram. I also used the photos and and pointed out different things and also illustrated how the "witnesses" view was obscured. I put it all in a PDF and also saved it if I need to edit further.

I've just been so angry about this situation that it is making me ill. I've only been able eat very little since it happened. However, I just had the opportunity to talk to a good friend and just talking made me feel a lot better. Hopefully work tomorrow will help take my mind away. Then again, I work in facilities at a large company and we are in the midst of a large concrete replacement project . . . front-end loaders everywhere!

 

[Ladygoldenhair]

Should be a section for standing, turning on the roadway and entering the roadway from driveways. The construction vehicle has to use his yellow light and if he wants free clear path a flagman or traffic detail to hold people up. He can back into the traffic if he is given the right away by the detail, he still needs to look and yield, he can't just fly into someone.

But, you also need to be alert in construction zones if there is a sign up stating construction traffic ahead , construction vehicles entering the roadway. Are you certain there was no one on the construction crew holding up traffic? It may be his fault....

Likely you won't be cited, too many conflicting stories, and if it is exactly as you said and there were no traffic devices toor persons to obey, your damage may be covered by the construction vehicle.

I just had a fella lose his pipes off the front of a front end loader scratching a car in an intersection and he was covered.

 

[yoopermom]

I won't comment on the construction end of it, but I would be very careful about not underestimating the long term effects of your injuries. I was tboned about a decade ago, had similar injuries (whiplash, slight concussion, bangs and bruises, etc), and, honestly, it took *months* til I felt 100%. I would start feeling a little better and then, bang, I'd feel woozy/tired/sore/ etc. So don't sign off on anything medical related, follow up with your doctors as need be, and take care of yourself!

Terri

 

[Lisa loves Pooh]

An accident injury lawyer only takes the case when you are suing for damages and they then take part of your settlement. I don't think that would apply here. I would call your insurance company.

They can also provide free but limited advice. I saw a lawyer for free for a hit and run. They were honest that I was unlikely to collect on any verdict. But they did suggest I get an MRI due to a prior injury and a current flair up caused by the accident that negated my progress in PT. I had an MRI previously and having one for this accident would make clear that the accident caused no permanent damage. This would help if I did ever injure my neck worse in another accident and developed disk damage or whatever.

So the free consult can actually be highly valuable and worth looking into especially since OP feels she is not at fault and is unaware of the laws that would apply here.

I'm confused at what about a work zone suddenly makes workers not liable for making sure the area is clear before moving a vehicle. Especially since the road remains open where they are working.

 

[smokeyblue]

I won't comment on the construction end of it, but I would be very careful about not underestimating the long term effects of your injuries. I was tboned about a decade ago, had similar injuries (whiplash, slight concussion, bangs and bruises, etc), and, honestly, it took *months* til I felt 100%. I would start feeling a little better and then, bang, I'd feel woozy/tired/sore/ etc. So don't sign off on anything medical related, follow up with your doctors as need be, and take care of yourself!

Terri

Hello fellow Yooper! Small world. Man, you are right. I ached so bad when I went to bed last night I had to get up and take an Aleve and some benydryl to get comfortable. Was good all morning and work and my ribs started to ache in the afternoon and then I got a big headache by the end of the day.

They can also provide free but limited advice. I saw a lawyer for free for a hit and run. They were honest that I was unlikely to collect on any verdict. But they did suggest I get an MRI due to a prior injury and a current flair up caused by the accident that negated my progress in PT. I had an MRI previously and having one for this accident would make clear that the accident caused no permanent damage. This would help if I did ever injure my neck worse in another accident and developed disk damage or whatever.

So the free consult can actually be highly valuable and worth looking into especially since OP feels she is not at fault and is unaware of the laws that would apply here.

I'm confused at what about a work zone suddenly makes workers not liable for making sure the area is clear before moving a vehicle. Especially since the road remains open where they are working.

I'm going to see how I feel in a few days. I hope this won't be necessary.

 

[sunshine1178]

Just like an accident between two passenger vehicles, you need info on the other guy's insurance. Call and ask for it. If they won't provide, call the city licensing and ask them if they have a copy of the company's insurance.

A reputable contractor will have sent the equipment operator for a post-accident drug screen. Those results could be helpful to you if you have to build a case.

 

[leebee]

Go to the police and get a copy of the accident report. It should have the construction worker's license and insurance information on it, if you did not get it at the time. Then file an accident report through your insurance. Let the insurance companies figure it out. This is part of why you pay insurance (as was pointed out to me last week when DD had a little mishap!)

 

[garnetandblack]

I would hire an attorney - there have been several bad accidents in my family (including those that resulted in death) and I will always hire an attorney. Being a little sore could turn into a major issue. It did with my husband and with myself. I am currently dealing with a torn AC joint from a car accident last October.

 

[smokeyblue]

OP here. The frustration and anxiety are growing. I got the police report. Even though no one was ticketed, they put down the cause of the accident as my "failure to yield". I don't understand how I'm supposed to yield to someone who turns and then decides to back up, but I guess I'm just being too logical.

I'm in a no fault insurance state so it doesn't really matter what the police report says. I've explained the accident to my insurer and they've assured me that in their eyes I am not at fault, which means nothing technically, but makes me feel a tiny bit better. The bad news is that I'm on the hook for my deductible (apparently I didn't have broad form). They told me that I should take the construction company to small claims court to recover the deductible. I just don't know how this would turn out with the police report reading as it does. Would the magistrate/judge look at the evidence in a more objective manner? The police officer certainly did not.

I can shoulder the cost of the deductible if I must, but it's going to take a bite out of funds I had slated for house repairs. The other concern is for my health. This whiplash is very painful, the headaches are so intense the vision in my right eye gets blurry to the point I can't distinguish shapes. I am so anxious and angry that I've barely been able to eat or sleep. I'm just going to have to consider the advice I've got here from family, coworkers and the folks here and decide it i just let this go and make peace with it or if I need to see if a lawyer will take me on.

The one good thing is that the body shop is being so great. They provide free loaner cars while your vehicle is being fixed. They are going to start loaning one to me on Friday even though they can't fix my car until next week. I am so incredibly grateful especially with all the preparations I need to do for our trip.

Thanks to everyone for their advice. It is very meaningful to me.

 

[ninecrayons]

I just don't know how this would turn out with the police report reading as it does. Would the magistrate/judge look at the evidence in a more objective manner? The police officer certainly did not.

I can only minimally weigh in and share some recent experiences from a visit to traffic court.

I was involved in an accident where the (wonderful. really!) police officer decided I was at fault and issued me a ticket for "improper backing." He then told me if I took it to traffic court, they would probably dismiss it.

I spent an afternoon in traffic court hearing cases and seeing the judge weigh in. He considering all information, not just the police officer's POV. In one case a bus driver even had a video of the accident from his surveillance camera, so they were able to dismiss this ticket.

In my case, traffic court happened on a day where there was a major traffic accident, so officer did not show and my charges were dismissed.

I hope that helps answer your question.

 

[angwill]

Having owned a company and dealt with many accidents it always seems to come down to what the police officer puts on the accident report. Find out when you can get that report. If you didn't get a ticket at the scene then you won't get one. Your insurance agent can help you with any questions you have since they deal with this stuff every day.

Just saw you got your accident report sorry for not reading all the messages. Your insurance should cover your medical up to a certain amount after the deductible. Make sure you bring in any bills you get.