D@mn tree trimmers Arrrrrghhhh

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Tangboy5000

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Aug 11, 2005
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Cincinnati, Ohio, USA.
So I'm cruising home, last car in a line of five. I come around a blind curve just as the flagman for a tree trimming service literally jumps in front of the first car in line. I had no time to stop and slammed right into the car in front of me. I'm fine, a boy in the other car had to go to the hospital. The tree trimmers had no signs, no cones, and the only flagger was standing at the front of the truck where no one could see him. I got a nice ticket for failure to maintain. The best part was that the ABC tree trimming company truck and crew cleaned up and left within 2 minutes of the accident. Luckily the wreck happened right in front of my favorite body shop, so I could just push my car over. Air bag didn't go off which is kind of scary. The auto body owner said that that tree trimming company had almost caused numerous wrecks already that day, including one involving him. Does anyone think I have a chance in suing the tree trimmers for negligence?
 
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I think you have a chance if you have proof and/or witnesses who can collaborate that they didn't have any signs, etc.

Why not consult a lawyer?

Problem is...can you collect from them even if you win?
 
Here's my opinion and I guarantee you wont like it. YOU as a tailgater got what you had coming to you. I do hope no one got hurt to bad. But it sounds like the guy in front got stopped and you would have too had you not been following to close.
 
I wasn't really tailgating. This section of road goes uphill and the guy in front of me never hit the brakes he just let his foot completely off the gas, by the time I realized he was almost stopped it was too late. It was just one of those situations where too much was going on at once, I was watching traffic, the flagman almost getting killed in traffic ahead of me and to the right and then too late the car in front of me. I'll keep everyone up to date on what happens.
 
Tangboy5000,

Sorry to hear about your accident. While I know how you feel, the issue here that the company's insurance company ( or attorney) will be able to fall back on is that the cars in front of you were able to safely stop. You were not. That is the impossible thing about the following too close or unsafe speed laws in many states. If you rear end someone, there is no way to prove that you were not following too closely.

If you crash and they say you were traveling at an unsafe speed for conditions (EX: CA CVC 22350 ) There is no way to disprove that you were traveling at an unsafe speed for the conditions, because of course, you crashed. Had you been the first car and collided with say a barrier that was not properly warned of in advance, you might have a better claim. Even still you would have to prove negligence on the part of the company.

I have testified to countless unsafe speed and following to close citations in court. These citations having been issued both as a result of accidents, as well as onview violations. The bottom line is that you are at fault.

There may be a possiblity of an assocaited factor of poor notification of hazard, but it has never worked in my experience when other preceeding drivers were able to stop.

That is what you have insurance for. You made a mistake.

I wish you the best,

Fangar
 
Yeah I know. It's just that this situation feels different, and I'm finding it difficult to place all the blame on myself. By the way all the cars in front of me didn't stop, they swerved into oncoming traffic.
 
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