Need some legal advice

[Shaolin]

ok 2 years ago I got into an accident on the Bow Bottom Trail and Canyon Meadows Intersection.. The scenario is, the lights COMPLETELY went out in that intersection, and everyone was doing a 4 way stop deal.. My road decided to go, and i followed on southbound bow bottom, and got smoked on the passenger side by a truck who never took into consideration that there's no lights and decides to plow through.. anyways, I got hit so hard i went into incoming traffic (but they were stopped since of the 4 way stop deal). Ok, legally, the people on your right should have the right of way, so in that sense, it was my fault, BUT it was evident (with 3 eye witnesses) that i was more than 1/2 way through the intersection when I got plowed.

Anyways, i just got a letter from my insurance company saying we lost the case (I don't know, tell me i'm stupid for not thinking logically that if someone's more than 1/2 way through an intersection, that the truck that plowed me should've seen me coming), so now my family has to pay for our rental car bill of 2500 bucks..

Is there no Justice? or is that just how it is? or am I just being ignorant for being at fault because i was suppose to give the right of way even when everyone on my road already went.

I don't know what to do, since this is the first accident.. I'm thinking of getting a traffic lawyer.. any suggestions?

EDIT: The truck was coming eastbound on Canyon Meadows, (Or going down the hill towards Co-Op for people who know that intersection)

[ramminghard]

tough call because at an uncontrolled intersection the person on the right has the right of way. Since the lights were out, making it an uncontrolled intersection my guess is that you are SOL

[szw]

So it becomes an uncontrolled intersection? I always thought it became a 4-way stop and just matters on what order you stop.

[Stratus_Power]

Originally posted by szw
So it becomes an uncontrolled intersection? I always thought it became a 4-way stop and just matters on what order you stop.

is there an actual law saying that if the lights are out it should be treated as 4 way stop?? curious

[szw]

I'm pretty sure it was in my drivers ed handbook, but that was a long time ago.

[Superesc]

Originally posted by Stratus_Power


is there an actual law saying that if the lights are out it should be treated as 4 way stop?? curious

I believe so. ... atleast in BC I know it is. Don't you guys learn this when you get your license??????????

[eur0]

yea you treat it as a 4 way stop, believe me, other wise its utter chaos haha

[lammer]

i beleive it happened to French-driver or whatever his name was before. lights went out, but he didn't treat it as a four way stop and it was his fault.

[4wheeldrift]

Originally posted by tbk49
yea you treat it as a 4 way stop, believe me, other wise its utter chaos haha

Even with it being treated as a 4 way stop its total chaos, apparently there are a ton of people out there who don't know how to handle it when a controlled intersection becomes uncontrolled for whatever reason.

I'm not totally clear on what happened here. Were you one of the first cars in line at the intersection? If you were, you would have a case. If you weren't (you followed the first row of vehicles into the intersection without stopping), you are pretty much screwed.

[sin]

legally it becomes a 4 way stop and if he went while you were in the intersection then hes at fault...

[Shaolin]

Ok, after the cars on my left went, the cars on my road decided to go.. I was on the far right lane of the 3.. The 1st lane is a left turn lane, and that car went, the car beside me went, so I went as well.. as I was almost past the intersection, i got plowed by the truck..

[szw]

Did the truck just go through the intersection without stopping?

Sounds like he stopped before you did but you left since the cars next to you were leaving. Insurance companies usually fight hard for you if he was really in the wrong.

[ninjak84]

lawyers can be your best friend sometimes!
my lawyer drives a 300zx, and keeps my license in my wallet, so i send a box of chocolates every x-mas

get a lawyer for sures!!

[Shaolin]

Originally posted by szw
Did the truck just go through the intersection without stopping?

Sounds like he stopped before you did but you left since the cars next to you were leaving. Insurance companies usually fight hard for you if he was really in the wrong.

yes, he just went through the intersection, he even told me he had no idea the lights were out. If he would've stopped at the lights like everyone else on his road was suppose to, i wouldn't have 10,000 dollars worth of damage on my car. That's what I don't understand.. it's evident there was 10Gs worth of damage to my car, so that totally negates the whole theory that he stopped at the lights, unless somehow his truck can fire projectiles out of his front end that can cause damage during standstill.. and also it's also evident that i was at least 1/2 way through the intersection, or else the accident would've never happened.. I'm thinking about calling a lawyer, i'll think about it more over the weekend.

[itsnotaDUB]

if its being treated as a 4 way stop if he didnt stop he is at fault, the same as runing a 4way i would get a lawyer and fight to the bitter end, ,,

[4wheeldrift]

Originally posted by itsnotaDUB
if its being treated as a 4 way stop if he didnt stop he is at fault, the same as runing a 4way i would get a lawyer and fight to the bitter end, ,,

I agree. If he didn't stop, and he admitted he didn't, then he has admitted fault in the accident.

[Shaolin]

thanx for the replies guys.. might to tough to prove him admitting fault and all that stuff though.. we'll see.. i'll call a lawyer next week and see what he/she says.