Bad day ends well!

[mikhail]

Okay I was off to the gym early this morning, When I stoped at a stop sign to cross the street, I dont know what I was thinking and went across without looking to my left and only looked to my right. Just the thing I needed, A car that was going 45 in a 35 speed limit, Hit me. Man did that hurt, The one half of me is hurting. The guy in the other car only dented his car and could still drive, Me on the other hand Could not drive, My car was totaled! I'm just happy I'm still alive. After all this I took some pain pills and went to work, Got home tonight and look what I found, Some joy In my day, I love geckos!

http://i56.photobucket.com/albums/g179/mikhailkujawa/IMG_6850.jpg

[dellessanna]

What a lovely pair of cuties. :) But really, so glad you are okay!

[Reptile4life]

Very cool!!! I hope you feel better!!! Are you pressing charges?

[marigold]

:PDT_03: our geckos are triplets~ one of my eggs hatched today, too! that's a great way to top off a tough day! glad you're ok as well! \\:D/

[IndyCrestie]

Are you pressing charges?

#-o He can't press charges. He was the one who failed to yield to cross traffic.

Though the guy was speeding 10mph over the limit, that doesn't negate his right of way.

To the OP - glad you are ok! The babies are adorable. :)

[Colleen07]

I'm glad your okay! Those babies sure knew just the right time to hatch out and make your day better!

[KiKi]

sooooooooooooo cute

[mikhail]

Thank you, For all the kind words of encouragement! Everybody on this forum is like family to me.

dellessanna,
Thank you, Yes they are a bundle of joy! :)

Reptile4life,
Thank you!:) IndyCrestie, Is right about this. Unfortunately I was the one that did not look to my left, I'm happy to be alive, And to have amazing little geckos.

marigold,
Thank you, Congratulations on the babies! It's the first time I've ever seen two babies hatch at the same time. They were in the eggs for l20 days.

IndyCrestie,
Thank you, They are looking into it, And Trying to prove that he went to fast by the skid marks. By the way, You give great info out to people on this forum.

Colleen,
Thank you, I'm feeling a lot better than yesterday. Yes, It was great timing, I needed something just like the babies hatching in my day. :)

[AneesasMuse]

I'm so glad you're okay... that was close! The babies are adorable, too!! :D

[Dee]

Thank goodness you're ok!

Congrats on the beautiful babies!

[mikhail]

KiKi,
Thank you! :D

AneesasMuse,
Thank you, It was a close one#-o. They are very cute, It's the egg season again and I'm looking forward to it, As is everyone else.:)

Dee,
Thank you, I'm happy that I can move around. I think of life in a whole new way.

[livialeigh]

Wow-- glad you're okay!
Accidents are so scary.

Congratulations on the new little one! They have the best timing!

[IndyCrestie]

IndyCrestie,
Thank you, They are looking into it, And Trying to prove that he went to fast by the skid marks. By the way, You give great info out to people on this forum.


Thank you :)

BTW, that's interesting that they are looking into it. Accident must've indeed been pretty bad to justify an investigation. Generally speaking, in this state, even if the other person is speeding, it does not negate their right of way in an intersection or their right of way traveling on a straight-away. For example, if a vehicle is doing 60mph in a 45 zone, a vehicle doing 35 can not merge from the right lane to the left lane in front of the other and cause an accident. If they do, the vehicle that moved into the path of the other would be at fault. Using the excuse of "if they hadn't been speeding, the accident wouldn't have occured" would not fly.

As in your case, a mistake was made and you didn't look left. Shit happens, not coming down on you. :) But - the other vehicle, in this state, would still have the right of way and not be at fault. If the responding officer wanted to cite him for speeding (which was likely a contributing factor to the accident as it is), he could certainly do so. But it would end up being your word against his because here, accident reconstruction is generally not done for a low speed no injury accident, and you would have to be able to prove that he was doing 45mph. In the end, here, it still wouldn't make a difference because speeding or not, he had the right of way.

Each state has their own laws though.

BTW: any pics of the car? :D

[DDReptiles]

Glad your ok man :)

Geckos always seem to hatch when you are having a bad time, its like they know or something :) Congrats

[Crested Lady]

Good Lord, mikhail! When I first started reading your post... it sounded as though you (your human body, not in a car) had been hit by a car. I'm glad you're alright and that you were at least in a car that offered some protection! (Instead of just being out, walking around, and flying over the hood of a speeding car.)

I'm sorry your car is totaled, but it's admirable that you can look at the day and feel good about the positive things. Congrats on your new babies! Take care of yourself... and look both ways! ;)

[marigold]

i believe that in some situations, the car that hits another car is considered responsible... which involves driving defensively and being aware. i'm always on the lookout for someone else's mistake.

[livialeigh]

i'm always on the lookout for someone else's mistake.

My grandmother always tells me, "Look out for the CRAZIES, Olivia."
Haha.

[DAN73]

good to hear your ok man. awsome little guys:p

[Kung Fu LIZARD]

So glad you are ok, and very nice hatchlings you have.

[IndyCrestie]

i believe that in some situations, the car that hits another car is considered responsible... which involves driving defensively and being aware. i'm always on the lookout for someone else's mistake.

Only when that other car doing is hitting is at fault. There's a very clear distinction here. While there are, of course, distinctions in percentages as to fault, the law generally sees very black and white liability wise. One could say that the other car was, for example, 25% at fault because had it not been speeding there is a chance there would've been enough time for that driver (assuming they were paying attention) to stop and avoid the accident.

However, the fact that the accident occured in the first place still lies the majority of the blame with the car entering the intersection when they did not have the right of way, and the intersection was not clear for them to proceed through. Unfortunately in Indiana, the driver who entered the intersection w/out properly checking for right of way is 100% at fault.

Yes, defensive driving comes into play for safety reasons (after all, who wants to get in an accident if they can react quickly enough to avoid it?), but the law does not provide for saying that it's someone elses fault because they weren't paying enough attention to avoid the disaster someone else caused. Unless the person is negligent and it can be proven that they were so negligent that they should have been able to avoid it, that would be a heck of a civil case to try to win. In addition, we have to consider that even IF the other car was not speeding, there still may not have been time to stop and avoid the accident. Perhaps in this case there was, we won't really know the answer to that given the info we have, but in many cases 10mph doesn't make enough of a difference in stopping time to avoid the accident if someone pulls directly out in front of their lane of travel.

What most people think of when they consider that states consider you liable for hitting another vehicle is when you rear-end them as a result of not stopping in time at a traffic light, stop sign, when they are stopped in a lane of travel to turn, etc.. in that case, the car doing the rear-ending IS at fault. Of course one could argue that the car stopped without signaling they were going to turn, and while it may technically be their fault that the accident occured, in most cases the law still places the blame in those types of scenarios with the vehicle who rear-ended the other. Don't mistake that for the same situation if a car cuts off another car and gets rear-ended. Not the same thing. In that case, the car doing the cutting off is at fault for not verifying that the lane was clear before merging.

[mikhail]

Again, Thank you for caring, And for all the nice words!

Olivia,
Thank you, It was scary! Not a feeling I want to feel again.#-o

IndyCrestie,
You are welcome! :) Yes, He had the right of way, I did not. I was the one that got the points off my driver's license, And a $45 fine. If I had looked both ways, I would not have had this accident. I'm so careful now about everything. Last night coming back from work, This guy drove right through the stop sign and the car infront of me had to do a sharp turn to the left, And avoiding an accident. Unfortunately I dont have pictures, But If I get pictures, I'll definitely post.

Derek,
Thank you!
It does seem like they hatch when you are having a bad day, I think it's great!:)

Sarah,
:D Thank you!
I can see why you thought that, lol. I was flying around in the car through. Funny you should mention that, Now I look both ways and then some. :) Will you be at the next show? I know you wont be selling, But are you coming to look?

DAN73,
Thank you!:)

Nolan,
Thank you! :)