Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help




Go Back   PeachParts Mercedes ShopForum > Do It Yourself Links & Resources > Bodywork > Body Repair

Reply
 
LinkBack Thread Tools Display Modes
  #31  
Old 11-17-2008, 08:36 PM
Hirnbeiss's Avatar
ich fahre, also bin ich
 
Join Date: Mar 2002
Location: South Florida
Posts: 1,559
No, the relevant issue here is not rear-ending, but yielding the right of way. Look more into the definition on that one.
(Make your son earn a German drivers license and he will forevermore understand the deifnition of yield).

See also AL Title 32 Section 32-5A-112

Vehicle entering stop or yield intersection; collision as prima facie evidence of failure to yield.
__________________
Prost!
Reply With Quote
  #32  
Old 11-18-2008, 09:18 AM
CWW CWW is offline
Registered User
 
Join Date: Sep 2008
Posts: 124
Quote:
Originally Posted by Hirnbeiss View Post
No, the relevant issue here is not rear-ending, but yielding the right of way. Look more into the definition on that one.
(Make your son earn a German drivers license and he will forevermore understand the deifnition of yield).

See also AL Title 32 Section 32-5A-112

Vehicle entering stop or yield intersection; collision as prima facie evidence of failure to yield.
I certainly understand what failure to yield is, but I think that might not be the issue here. My thoughts were that if this were truly a case of the OP's son violating the other driver's right of way, then why is the damage completely on the rear of the car? That means the OP's son had enough time to pull completely into the lane and be well into his acceleration process before the other vehicle struck, which indicates to me that it could be a case of the second driver not paying attention rather than the OP's son merely pulling out too close in front of him. At the very least, this is important because Alabama recognizes comparative fault, and so any extent to which the other driver was at fault will reduce the amount of damages the OP's insurer owes, and will help his rates in the long run. Additionally, any extent to which the other driver is at fault will entitle the OP to recover from the other driver's insurer that portion of the damages caused to his car.

If this were 100% the OP's son's fault, then the vehicle should have been struck on the side as he was pulling out, not square on the rear. To be struck on the rear like that, the car was already fully in the lane and driving forward, and not still pulling out. This indicates the OP's son may have correctly judged the distance, and may not have violated the other driver's right of way, but that the other driver failed to slow down and rear-ended him. At the very least, it makes the situation quite debatable, and I think the OP should challenge the insurance company's finding.

Additionally, that blurb you posted was only the title of that section of the Alabama motor vehicle code. If you read the body of this section, you will notice that it is not relevant to this situation, and that the accident-as-evidence provision only applies only in situations where a yield sign is present and at an intersection, neither of which is the case here. It is my understanding the OP's son pulled out onto a road, directly into a lane of travel, and not at an intersection. He also made no mention of any yield sign.

Here, I have highlighted the relevant portion for you:

Quote:
Originally Posted by WestLaw View Post

(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 32-5A-113.

(b) Except when directed to proceed by a police officer every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way.

(Acts 1980, No. 80-434, p. 604, §4-103.)
I still believe the damage on the vehicle indicates that the other driver is at least partially at fault, and that the OP should challenge the issue with his insurance company.
Reply With Quote
  #33  
Old 04-22-2009, 07:42 AM
Mercedes is in my blood..
 
Join Date: Oct 2005
Location: San Antonio, Texas
Posts: 348
so what happened?

Did the OP fight the insurance co?

Inquiring minds want to know!

John in San Antonio
__________________
John Hughes, was in Landstuhl, Germany but currently in San Antonio, TX


1978 280CE Astral Silver now 59,xxx miles and counting "Silber-Kugel"
1986 300E Black Pearl Metallic 143,xxx miles 5-spd daily driver w/ blk leather "Schwarz-Schönheit"
1989 190E 2.6 (euro) 5-spd Desert Taupe 112,xxx kms Had to leave behind in Germany!!! "Helga"
1983 300D Pastel Beige now 312,xxx + miles SOLD

OBK#24
Reply With Quote
  #34  
Old 04-22-2009, 12:06 PM
Registered User
 
Join Date: Dec 2000
Location: AL
Posts: 1,219
The whole thing surprised me. The police report said my son failed to yield right of way. Our insurance company paid to have the other car fixed before we even knew it, and then they shrugged and did not want to discuss it when we objected.

What surprised me was...My son was hit square in the back by a teenage girl in an SUV - in the right lane of a 4-lane road with the left lane empty - and the cops said it was his fault. And the insurance company seemed almost anxious to pay to fix the SUV. We had only liability insurance.

Go figure.
__________________
2012 E350
2006 Callaway SC560
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -4. The time now is 09:02 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2011 Pelican Parts - Posts may be archived for display on the Peach Parts or Pelican Parts Website -    DMCA Registered Agent Contact Page