Modern Day Traffic Accident How to...

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  • bwframe

    Loneranger
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    As I was zipping through the three round-a-bouts to exit the new I69 to my country road, it occurred to me that I'm not current on traffic accident etiquette. These traffic circles are becoming the norm everywhere. I often see clueless "folks trying to kill me," in these body shop paradises.

    How do you handle a traffic accident in a round-a-bout?

    Leave cars in place for police to determine fault? Move the cars out of the way? Who determines fault of moved vehicles?

    What about on the motorcycle or in the event of injury?
     

    phylodog

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    The police don't determine fault, that is the job of the insurance companies. Take pics of vehicle locations quickly then get the vehicles out of the roadway if possible. No sense blocking traffic and creating a larger problem if you don't have to.
     

    williamsburg

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    From recent experience you pull over. Inspect damage and see you can move out of the road way. Let the driver who hit you follow close behind. Then as you turn into the parking lot watch in rear view mirror as he drives on to leave the scene.
    Then you turn around to hopefully catch up with him a few miles down the road and get him stopped again. Only to get aggravated when nothing happens except for an officer to file an accident report and send everyone on their way. No citations or anything for leaving the scene. WTF?!

    Not sure when it became okay to hit someone and then take off. And have nothing happen to you for taking off.
     

    phylodog

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    From recent experience you pull over. Inspect damage and see you can move out of the road way. Let the driver who hit you follow close behind. Then as you turn into the parking lot watch in rear view mirror as he drives on to leave the scene.
    Then you turn around to hopefully catch up with him a few miles down the road and get him stopped again. Only to get aggravated when nothing happens except for an officer to file an accident report and send everyone on their way. No citations or anything for leaving the scene. WTF?!

    Not sure when it became okay to hit someone and then take off. And have nothing happen to you for taking off.

    Unfortunately fleeing the scene is a misdemeanor and short of an officer witnessing it there isn't much they can do.
     

    bwframe

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    Unfortunately fleeing the scene is a misdemeanor and short of an officer witnessing it there isn't much they can do.

    First of all, thank you for the professional advice above. :ingo:

    Going on the fleeing the scene problem, would dashcam video do anything about that?
     

    KellyinAvon

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    First of all, thank you for the professional advice above. :ingo:

    Going on the fleeing the scene problem, would dashcam video do anything about that?

    Showing you fleeing from the scene? I'm thinking that wouldn't go well for you :lmfao:
     

    indyjohn

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    Standard LEO procedure (correct me if I'm wrong) is to receive a statement from each driver and construct a description of the collision. The insurance companies take it from there.

    The last collision I was involved with was downtown Indy in the North split westbound from I-70 to I-65 southbound. It had rained and traffic was checking up, I was rear-ended by a tractor/trailer and sent into the bridge foundation. I was able to drive out of it and stopped, as did the tractor/trailer. The officer took my statement, took the truck driver's statement, gave me a form and I drove away. Weeks later I found that I was determined to be at fault because the truck driver lied and said I had pulled into his lane and slammed on my brakes. My insurance company petitioned but lost. Had I been more descriptive in my explanation of the collision, I believe I would not have been found at fault.

    So beware!
     

    miguel

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    Unfortunately fleeing the scene is a misdemeanor and short of an officer witnessing it there isn't much they can do.

    Can't officers take a statement of a witness and if plate numbers are recorded, track them down? This happened to a family member, which is why I ask.
     

    phylodog

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    Can't officers take a statement of a witness and if plate numbers are recorded, track them down? This happened to a family member, which is why I ask.

    Dashcam footage or license plate numbers which allow LE to track the person down can lead to prosecution but in the scenario I was commenting about, the officer would have to witness the crime to make an arrest on the spot. An investigator could collect evidence, present it to a prosecutor and have an arrest warrant issued after the fact.
     

    Hoosierdood

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    Dashcam footage or license plate numbers which allow LE to track the person down can lead to prosecution but in the scenario I was commenting about, the officer would have to witness the crime to make an arrest on the spot. An investigator could collect evidence, present it to a prosecutor and have an arrest warrant issued after the fact.

    Seems like there should be stiffer penalties for leaving the scene.
     

    EyeCarry

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    Not in any order but:
    Indiana is a no fault state. The insurance companies do the work. The police just want to clear the roadway.
    He/She with the smaller and/or more expensive vehicle will usually yield. "Usually" being the key operative word.
    The Indiana judicial system has let me down three times so far when it comes to accidents involving vehicles. I have no faith in collecting on any "at fault" drivers anymore.
    Round-a-bout; noun, A more modern version of the county fair demolition derby.
    Bwframe, when you get tired of the tame ones in Bloomington head up to Carmel for some real fun. Try to time it for rush hour, morning, noon, or five o'clock.
    I just wish I could go in the opposite direction so I could practice right hand turns with the motorcycle. Dragging the kickstand gets soooo boring.
     

    jsharmon7

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    Unfortunately fleeing the scene is a misdemeanor and short of an officer witnessing it there isn't much they can do.

    This is one of the misdemeanor witness exceptions. Now, whether anyone is really punished for it is another question, especially if they’re caught just down the road anyway.

    As to the OP, a lot of the roundabouts around here have signs saying entering vehicles must yield to both lanes. My guess would be the car entering the circle would be at fault. Insurance companies may just cover their own and move on though, hard to say.
     

    Hoosierdood

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    Indiana is a no fault state.

    Unless Indiana changed something in the last couple years, I don’t think this is correct. Michigan is a no fault state and it completely sucks. I pay double in Michigan for less coverage than I had in Indiana. And PLPD doesn’t do crap for you up here. Even if someone rear ended you and is completely at fault, if you don’t have full coverage you are screwed. Your insurance always covers your vehicle no matter who is at fault.

    At at least in Indiana I could carry PLPD and if someone hit me, their insurance would cover my vehicle. Not in Michigan.
     

    bwframe

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    Do you have to have a police report to file an insurance claim? Do you have to call it in and wait for an officer on a fender bender?

    Looks like my proactive approach to driving/riding may be the way to go.

    Go fast and stay ahead of the distracted drivers. Always have a plan to evade someone trying to kill you.

    My little dab of professional driving instruction did sink in one reminder. No matter what, always have a place to go.
     

    EyeCarry

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    Unless Indiana changed something in the last couple years, ...............
    I was going from old brain cells and you are correct Hoosierdood. From this web page: https://www.indianainjury.com/blog/2017/june/are-there-no-fault-laws-in-indiana-/ "[FONT=&quot]Indiana operates differently than other states when it comes to automobile accidents. The state deploys the comparative fault rules, which means that each person’s level of fault is considered in an [/FONT]accident[FONT=&quot]. [/FONT]
    [h=2]Indiana is Not a No-Fault State[/h][FONT=&quot]A vast majority of states now use the no-fault rule for accidents. However, Indiana is not one of them. Instead, Indiana uses the fault system of law. However, it is important that you understand what it means by “fault.”[/FONT]
    [FONT=&quot]In a state with a no-fault system, an injured driver must use his or her insurance to collect compensation, up to the limit of that policy. Then, if their costs exceed those limits, they can sue or file a claim from the at-fault driver for additional compensation.[/FONT]
    [FONT=&quot]Indiana does not operate this way. Instead, a driver who sustains an injury and damages from an auto accident can use the at-fault driver’s insurance policy to collect compensation for those injuries, lost wages, and property damage, and then in some situations turn to their own insurance for uninsured or underinsured motorist benefits– which are very important to purchase!"[/FONT]
     
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