Re: Accidental deployment of air bag?

Maybe the theory was that she should have been driving in a lighter vehicle she could have kept under control. Or kept her vehicle in better condition. I know here in Ontario icy roads are not an excuse for accidents, because you're supposed to drive according to road conditions.

But to your original question, airbags seldom if ever simply "go off" with no reason as far as I've heard, but I do know of one case where a guy hit a large dog and the airbag went off and very nearly caused a serious accident.

What extreme right wing state are you in? Many things can go wrong with your car and cause an unfortunate fatal accident. If this fact keeps you awake at night I suggest stop driving until you can move to another more realistic state.

It depends on the accident, what the witnesses say, what the drivers say, and what the cop thinks.

Any lawyer will tell you that if your in an accident and a cop shows up to shut your trap. Absolutely nothing that you say at an accident scene will do anything to help you once you provide the information of who you are, what your drivers license number is, etc. And there is a huge amount that you can say that will just get you into worse hot water.

A fairly nice cop explained all of this to me when I was a kid once, and I pulled out of a parking lot and chirped the tires. He pulled me over and said "listen, I know you probably are proud of your car and all but I could write you a ticket for reckless driving for that" I responded with the typical kid excuse of my gas pedal was kind of sticky and he started laughing and said "well, I guess if you want along with that reckless driving ticket I could also write you a second ticket for knowingly driving an unsafe vehicle" In other words, no matter what excuse you come up with, there's probably a law that will f*ck you over worse if you try to use it.

I have learned with minor fender benders to never argue with the other driver but instead, immediately pull out multiple copies of accident report forms (which I always carry in my glove box) and start snapping questions to the other driver of what his name is, etc. while at the same time, furiously filling out my copy as fast as possible. The second it's done I hold it against my vehicle VIN, make the other driver look at the VIN on the paperwork, and the VIN on my vehicle to see that they match, show him my driver licence and proof of insurance to prove they match, throw him his paperwork, verify his VIN and drivers license number and then drive off as immediately as possible.

Several times a mile or so down the road I've passed a cop who was breaking all speed records going the other direction to get to my accident scene, because of some damn busybody that called it in on a cell phone. Of course by the time he gets there the other driver has left too, and the cop has nothing to write tickets about.

I've never been in an acident, no matter how minor, where the cops didn't wirte a ticket to somebody.

If you are even in an accident where you don't hit another car, but instead hit some object, even if afterwards your vehicle front is caved in, if it's still driveable, jump out, leave a note with your phone number, then get the hell away from there immediately even if your dragging pieces of the fender and throwing off sparks. Or at least, get about a mile or so away before you park the car. Then, walk as fast as possible away from the vehicle, and call a cab and get yourself home. Call a tow vehicle a couple hours later and fetch your car. Don't ever linger at an accident scene. The law requires you to make a reasonable effort to notify the property owner if you damage property and leaving your phone number on a note definitely satisfies the legal requirements. If a cop shows up he's going to write you a ticket. If you vanish and there's no vehicle the cop certainly can always write you a ticket later on, but it's going to be almost impossible for the cop to defend in a court since the cop cannot claim that due to the vehicle postioning it was carelessly driven, yadda yadda yadda not to mention the cop cannot even prove you were the driver, nor can you legally be compelled to supply the name of the "actual" driver. So they usually won't do it.

Iv'e seen people in accidents, who had full insurance coverage, get written tickets for failing to have vehicle insurance, because the cop decided that the piece of paper the driver had from the insurance company that was their proof of insurance, didn't look legit. The cops response was "if he's covered he can just get a statement from his insurance company and the judge will dismiss it" Yeah, think of all the time that is going to take to get all that bullcrap done.

Ted

Meanwhile the cop gets paid overtime because he set the court date on his day off.

Won't they (shouldn't they) later charge you with leaving the scene of an accident?

Bill Putney (To reply by e-mail, replace the last letter of the alphabet in my address with the letter 'x')

The law requires you to inform the injured party, that is all. Here is the section out of State of New Jersey, a typical example:

"...The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator's license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person. In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection...."

Note the operative section:

"...to the person injured or whose vehicle or property was damaged AND to any police officer or witness of the accident..."

In other words, if you are in an accident, give your info to the other driver and

witnesses, and you then try to give your info to a cop - if the cop isn't there, then what?

The law does not say you have to wait for the cop. It doesen't give you permission to

leave, either. It is actually absolutely mum on the issue and it's easy to see why.

The law does not require you to wait for a cop to show because if it did, then every minor

fender bender that happened, the parties could not leave unless a cop showed. Thus

the cops would be required to show to -every-last-little-accident- no matter how minor,

no matter how much other stuff they had going on.

If a cop were to argue in a court that the reading of the law means you HAD to inform

a cop, then you would argue that this reading requires that at any accident a cop will

be present at the time of accident - a completely rediculous propostion. It also requires

that at any accident there will be witnesses - another rediculous proposition. Further there

is a section later that talks about reporting to the nearest office of the local police dept. -

a section that would be unnecessary if a cop would be present to receive information

at every accident.

Hopefully you get a logical judge (i.e., one that is sane enough not to do things like sympathize with repeat child molestors, etc.) - not always guaranteed, but then, nothing is.

Bill Putney (To reply by e-mail, replace the last letter of the alphabet in my address with the letter 'x')