[demo 9]

Today i was snowplowing with my ATV. I drive a Tundra Crewmax and had a 12 Foot trailer behind it. I was driving through a very busy partially snowed in part of my town when i heard a crumbling noise. I pulled over to see some guys door opened 180 degrees and the wheel well of my trailer bent.

He apologizes and tells me i did nothing wrong (which i didnt right?) Seems pretty cool, i call cops (best scenario imo) They come, take all the info and what not. Cop proceeds to say it is my fault. Is this correct? A person can open their door into somebody elses trailer (or truck) and have it be the drivers fault. The door did not hit my monster sized 20 foot long truck, only the last 3 feet of the trailer, meaning he opened the door INTO my trailer. (which he admits, the door was not opened until the truck passed.)

The cop tells me that although they will not assign fault on their report, it will probably be my fault. He also claimed that my trailer was too large, because the wheels stick out 6-7 inches wider than the truck. ALTHOUGH THIS IS A LEGAL SMALL SIZED trailer, no permits or nothing.

Is this correct, or will the insurance companies side with me. I would assume that it would be HIS fault, for opening a door into a moving trailer. However, it can technically be stated that i "hit a parked car".

Any legal monkeys on here?

third accident I DID NOT cause in 3 months, to a BRAND NEW 2010 truck, with 5000 miles on it and its 3rd bed.

End rant

 

[5150dhbiker]

Not into legalities too often but "technically" you did hit him. Usually no matter what the scenario, if you hit a parked car you are considered at fault even if they open the door into you. I've seen it happen a few times and usually the driver gets blamed :~

Sucks that there's idiots out there that do not look before they open their door.

 

[sanjuro]

I have no legal advice, but what a doofus to open his door into your truck.

 

[demo 9]

Not into legalities too often but "technically" you did hit him. Usually no matter what the scenario, if you hit a parked car you are considered at fault even if they open the door into you. I've seen it happen a few times and usually the driver gets blamed :~

Sucks that there's idiots out there that do not look before they open their door.

not that im happy in any way (i dont give to sh1ts about the trailer, but ill get fault and have to pay for his door*i think*)

I cant blame him to an extent though, in north jersey a trailer is a rarity, he must have just saw my tail lights and opened his door. (although the trailer has full running lights and brake lights-so he is still retarded)

 

[demo 9]

I have no legal advice, but what a doofus to open his door into your truck.

You realize i live in north jersey right?

 

[DirtMcGirk]

Typically this falls under the idea of hitting a parked car. You're at fault if you hit a stationary object.

Mind you I am not a lawyer in NJ, but you might want to look into the idea of contributory fault. Dingle berry opened his door into you, and as such maybe its not a totally "parked car."

Let us know how your insurance finds. Chances are they're going to backdoor you on this, because that's what the insurance industry does these days.

 

[valve bouncer]

third accident I DID NOT cause in 3 months, to a BRAND NEW 2010 truck, with 5000 miles on it and its 3rd bed.

End rant

You must be like, the unluckiest guy in the whole wide world. Alternatively........

 

[DirtyMike]

Typically this falls under the idea of hitting a parked car. You're at fault if you hit a stationary object.

Mind you I am not a lawyer in NJ, but you might want to look into the idea of contributory fault. Dingle berry opened his door into you, and as such maybe its not a totally "parked car."

Let us know how your insurance finds. Chances are they're going to backdoor you on this, because that's what the insurance industry does these days.

I think your right on this one, technically he hit a parked car so he will be at fault. Its like when you get rear ended, and hit the person in front of you... The person that hit you is only at fault for hitting you, your at fault for hitting the person in front of you. Some mumbo about being too close at a stop or some bull**** like that

 

[DirtMcGirk]

Life lesson, stop hitting things with your new car.

I looked up the NJ statutes. Parked car = you're fvcked.

 

[buildyourown]

Not into legalities too often but "technically" you did hit him. Usually no matter what the scenario, if you hit a parked car you are considered at fault even if they open the door into you. I've seen it happen a few times and usually the driver gets blamed :~

Sucks that there's idiots out there that do not look before they open their door.

Maybe this varies from state to state.
In WA, if you open your door into a lane of traffic, it's your fault. Maybe the "lane of traffic" is the technicality. ie, a parking lot would be the moving cars fault.
Legality of your trailer should be cut and dry. Call you DOL and see what legal dimensions are. I would bet you are fine.

 

[demo 9]

I know the trailer is fine, that is a fact, when my dad had bought it, we made sure it was within the dimensions allowed for non commercial general BS trailering. Dirt, where can i look up the laws and statues other than ride-monkey.

 

[blue]

Though you have your answer from DMG, this varies from state to state...as a messenger, I was well versed in the vehicle vs. door fault assignment. In both Utah and California, I know it's the fault of the idiot opening the door into traffic. Other states are different, though.

 

[demo 9]

You must be like, the unluckiest guy in the whole wide world. Alternatively........

I have a problem with getting driven into, Drivers in NJ like to blow red lights and stop signs. Rear ended and T boned by the time the ODO hit 1870. Forgot to mention the 2nd accident happened 2 days after it came back from the first 1. Although have to admit my insurance company has been great with the whole deal and the other people payed depreciation, so technically its almost been worth it, aside from aggravation and time without a car.

 

[norcal505]

wow that sucks. i've gotten into two accidents with my own car in the last two months.
First time, someone hit me & run, second time my steering rack failed and i lost control.

wish you luck!

 

[valve bouncer]

I have a problem with getting driven into, Drivers in NJ like to blow red lights and stop signs. Rear ended and T boned by the time the ODO hit 1870. Forgot to mention the 2nd accident happened 2 days after it came back from the first 1. Although have to admit my insurance company has been great with the whole deal and the other people payed depreciation, so technically its almost been worth it, aside from aggravation and time without a car.

Sounds like you might have to start driving a bit more defensively there mate. You have to look at every driver, every single one, and realise that at any time, any of them are capable of, and frequently will do, the stupidest thing imaginable.
I'd still liked to have seen the look on that bloke's face when you wiped his door off though.

 

[DaveW]

Sounds like you might have to start driving a bit more defensively there mate. You have to look at every driver, every single one, and realise that at any time, any of them are capable of, and frequently will do, the stupidest thing imaginable.
I'd still liked to have seen the look on that bloke's face when you wiped his door off though.

So like he should ignore the stop signs and run them just in case some dumb fvck behind him doesn't want to stop?

Ahh ok, yep I can see the odds improving for him there.......

 

[DirtMcGirk]

Look up:
1. New Jersey Revised Statutes re: at fault accident.
2. re: no fault law
3. Contributory negligence/fault in New Jersey.

Just google it. If that's not exact enough, try Findlaw.com

 

[dan-o]

I'd say the pedal stuck, the truck was fishtailing wildly out of control as a result and then blame it on the crooks at toyota.

 

[valve bouncer]

So like he should ignore the stop signs and run them just in case some dumb fvck behind him doesn't want to stop?

Ahh ok, yep I can see the odds improving for him there.......

Some accidents are easier to avoid than others. Getting rear-ended is probably the hardest to avoid but these are things I routinely do to avoid that type of accident; always be aware of what is behind you, check your mirrors constantly. When stopped in a line of traffic I try to leave a space between me and the car in front so if the car behind looks like he won't be able to stop I can move forward into that space. Sometimes a few metres is all you need to avoid an accident. Whenever turning right (left for you Americans) across oncoming traffic I pump my brakes and always check that the guy behind is slowing down. I always know what my run-off options are, going up on a curb might ruin a tyre but it's preferable to getting your arse caved-in.
I've been driving for 24 years and have driven in 4 different countries and have never had an accident. It's not just luck.

 

[eaterofdog]

Toonces, look out!

 

[demo 9]

I try my best to avoid accidents, i have driven onto more front lawns than i would like to admit, around here every girl gets an escalade or bigger on their 17th birthday, despite failing drivers ed 30 times.

 

[MikeD]

Sounds like you might have to start driving a bit more defensively there mate. You have to look at every driver, every single one, and realise that at any time, any of them are capable of, and frequently will do, the stupidest thing imaginable.
I'd still liked to have seen the look on that bloke's face when you wiped his door off though.

Of course, you live in a shared-liability state...If someone rear-ends you in Japan, it's at least partly your fault. Sucks for individuals, but certainly does make people look out for the other guy.

Of course, here, it's whomever can play the victim best, which is even less idea.

 

[demo 9]

Came out on top! I got a call from HIS insurance company saying that i hit HIM. I state that it isnt the case and that the police report says otherwise (like, driver 2 opened door into driver 1's trailor clearly) i also inform them that he told myself and my dad that it was his fault, the insurance company says, i guess that is why he said that there was no police report, sends check for 266 to fix my trailor.

 

[sstalder5]

 

[DirtMcGirk]

That's the stuff!
Solid work!

 

[demo 9]

That's the stuff!
Solid work!

gracias, it was pretty funny to hear the expression on the guys insurance company when they found out he tried to hide the police report. State farm must hate me right now, 3/3 of my accidents have been faulted on them. *knocks on wood*

hopefully this is the last 1, although in north jersey, i doubt that.

 

[bizutch]

gracias, it was pretty funny to hear the expression on the guys insurance company when they found out he tried to hide the police report. State farm must hate me right now, 3/3 of my accidents have been faulted on them. *knocks on wood*

hopefully this is the last 1, although in north jersey, i doubt that.

I just put you on our special list. Sort of like the one for people who subscribe to both the Disney & Playboy Channels.

jk