I think my 370z is done for...?
 

I was driving home late at night. It was the first rain of the season in SoCal. I'm driving down the interstate exchange, and there was an abandoned truck left on the #1 lane on the exchange with the driver no where to be found. I managed to avoid a head-on collision, and take all of the damage on the driver side. The side airbag did deploy as well. Long story short, the CHP and my car insurance both pinned the fault on me for not avoiding the truck... even with the dash cam footage... :shakes head: So... right now I'm waiting to hear from my car insurance to see if my car is a total loss, which I'm okay with since I have GAP insurance to cover up the cost. I'm trying to figure out for myself if it is a total loss, but a lot of my friends are giving me mixed answers... thoughts?

Your videos are not loading for me. The damage does not look so bad from the pictures... ???

EDIT: Fixed videos:

You need to lawyer up ASAP! It’s difficult to avoid that collision when you’re coming around a bend not expecting an abandoned truck sitting in the middle of the lane like that!

:iagree:

How is that your fault?

Wet road, random roadblock around a blind corner, were his hazard lights even on?

As per Zbrah, you need to talk to a lawyer and not say any more online.

From what I've been taught, if you hit someone in the rear, it's your fault - you were traveling too fast for conditions if you couldn't stop or safely swerve in time. How true that is in court, I don't know. Good luck.

Does not appear to be totaled unless frame bent.

Blind corner?! I saw the truck sitting there right when the video started on a very well lit highway. How is that considered a blind corner? There was at least 10 seconds or more to react and avoid that entire incident.

I'm sorry, but I have to side with the CHP and insurance. You were literally right on top of the truck before you even thought about swerving.

I think a lawyer will look at the video and say the same.

I agree, not to mention the fact that you shouldn't be cruising in the left lane. That said, the vehicle should have had flashers on.

Sorry for the loss.

This video more likely does not help OP's case. The insurance agent and CHP's expectation seem to be correct.

However...whether OP should've been able to avoid or not is somewhat up for interpretation... fact is the broken truck was sitting on the left lane, around a bend, w/o hazard lights on (instead of the right shoulder which would give much better visibility and space). The truck owner DID NOT do all that's necessary to try to avoid potential collision.

Assuming OP was traveling at a safe speed, why should OP bear the whole cost? Afterall, OP did not cause the hazardous situation, the broker truck's position did. So, like others have said, shut up and lawyer up.

OP could easily say staying on the left lane was in anticipation of the merge (end of video shows a highway entrance merge sign), to avoid last minute lane change in a wet condition.

In my opinion, it does look like you are going to be at fault. If anything, the dash-cam footage in this case works against you. I could still see the truck before you cleared the bend on the footage, so i imagine even easier in person and even after you got closer past the bend you still had sufficient time to clear the truck.

If you lawyer up.. you MAY be able to get off on technicalities such as, the truck not having his hazards etc.etc.. unlikely but possibly.... OR a more plausible outcome is maybe not be completely at fault.

In terms of if the car is a total loss.... iunno, those rear quarter panels took some serious damage.

Also needed to be pointed out...looking at the coloring of the video, it's very possible the low light/dark capturing capability of the dash cam far exceeds the actual visibility of that truck in reality.

Not to say OP was completely faultless, just pointing things out

Going back and reviewing the footage, at 6 seconds into the video the truck barely became visible as he was coming around the bend, at the 8th seconds he made impact. Op literally had 2 seconds to react to the truck sitting right in the middle of a two lanes highway. Not sure how fast he was traveling but it appears he didn’t have enough time to react as he went straight into it. I don’t think we should pass judgment since we weren’t there in the driver’s seat.

Consult with a lawyer. Different states have different rules for who's liable when a person crashes into an illegally parked vehicle. You may very well have a case against the owner of the truck.

I'd give you the benefit of a doubt, dash cams don't really capture the persons line of sight. It sits higher and to the right. And it sees in the dark better.

Agreed. Weather conditions or not a broken truck shouldn’t be sitting in the middle of a two lanes highway. This accident could’ve turned out much worse. I think Op is lucky he walked away from this one.

This is an odd one. I agree and disagree. I watched the video and wondered how OP didn't see the truck. In my perspective he had plenty of time to avoid that collision and OP seemed to be traveling at a reasonable speed. However, everyone is different in terms of reaction time so we shouldn't be able to really justify the situation based on that. The fact of the matter is that damn truck should not have been parked there. I can see how the insurance and CHP is blaming OP, but it's not fair at all as this wouldn't have even happened had that truck not been there....then again, life isn't fair.

Night time + Rain + No hazards = very hard to see a car like that at night.

You did react late but what if there was someone in your blind spot? You wouldn't have been able to swerve and slamming on your brakes would've been a sure crash anyway.

Funny, not knowing where to look when I clicked on the video, I still spotted the truck right as soon as the video started. And that's on a 15" laptop screen on a downsized Youtube screen.

At any rate, I still stand by what I said earlier in this thread.

What I don't agree with is others saying that the OP was traveling too fast for the conditions. Looks like the OP was doing the typical highway ramp/loop speed of around 45-50 mph. Usually, the wide angle lenes on those cameras make it look like you're moving slower than you really are, but judging from the stripes on the road, it looks about 45-50 mph to me.

And yes, it's a bit out of the norm to have a vehicle stopped on the left side of the road, but we have no idea what the circumstances are/were with that truck and its driver. From the looks of it, it was already missing its right rear wheel and tire completely, and the front bumper already up against the wall. If that's the case, and this is where the truck came to a stop, there may not have been anything the driver could have done to move the truck to the other side of the road. But with that being said, the hazard lights should have been on... Unless of course the impact caused the battery to become disconnected.

Either way, I STILL say the OP had plenty of time to react and avoid the collision, and that a lawyer will say the same.

Unfortunately, in this case, the video doesn't lie.

OP might have seen the truck, but didn't expect it to be stalled....

I was thinking that OP could have spun out on the wet road if he swerved too hard which might end up a lot worse.

OP - as other stated, you should consult an attorney for a second opinion. it is well worth it because your insurance premiums will likely to go up at least 50% for the next 3 to 5 years if you're at fault. Good luck.

You saw the truck when the video started because you were already expecting to see it at some point. With the very light traffic, the OP was not expecting a stalled vehicle on the left lane. Ive been in a situation where a vehicle was stalled in a lane (no hazards on), and as I got closer realized it wasnt moving and didnt have much time at all do anything but slam on my brakes.

Regardless, that truck was destined to be hit by the OP or some other unfortunate motorist.

It's always easy after the fact, we already know to look for a truck in the lane so it's easy to spot. Most accidents are avoidable if you know what's going to happen before it does. It was dark, raining, a turn, and an unlit vehicle. Be that as it may I think it would be best to get a lawyer but I wouldn't expect this being more then a 50/50 fault unless someone was in the other lane which your video doesn't show, if anything it shows you failing to keep right.

I've done hundreds of accident investigations and unfortunately this one is the OP's fault. It's a drivers responsibility to maintain control of his vehicle and to be able to avoid collision by maintaining a safe speed for conditions. Part of that is to adjust speed in adverse conditions to maintan ability to avoid obstacles. The jackass that left the truck there certainly contributed and if it were my investigation I'd also list weather as a contributing factor. But anyone who has ever ridden on a racetrack with an intermediate group of riders should see this as clear as day. If you're faster than the guy in front of you it is your responsibility to safely pass him without incident. You could stuff the crap out of him on the inside or flex on him and roll around the outside. But if you spook him with an elbow on the outside or he bites your rear wheel on a stuff , it's pretty much your fault for a bad pass. But that's racing and this is the street. This incident is no different than hitting the back of a car at a red light ( I would've definitely kept that dashcam to myself )

Not to pile on, but as someone else stated, you shouldn’t have been riding the passing lane and while everyone’s reaction time is different, it seemed to me you had plenty of time to move over and avoid the hazard.

That being said, I think the shitty music had something to do with it too.

Just kidding! (about having something to do with the accident, anyway)

Welp, OP, it sounds like its time to quit facebook and hit the gym because apparently everyone here is better than you.

This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.

I suggest OP use the same dash cam to shoot the same section again, but this time with any night time enhancing function turned OFF. It will reveal just how invisible the truck would’ve been.

Once the OP settles up with the CHP and the insurance company. He should go after the truck owner in a separate lawsuit. Different laws are applied.

You can question all you like. The FACT is that I could walk into any courtroom in the country and testify as an expert witness. If you were in a car under your control and that car comes into contact with a vehicle not in motion then YOU are at fault for failure to maintain proper stopping distance. If said vehicle were to have come to stop earlier in a travel lane and you contact it .....YOU are at fault. If the vehicle is abandoned sideways on it's roof and you hit it.....You're still at fault. You don't have to like what I say and I could care less if you did. Doesn't change the outcome. To be frank , I had an idiot two weeks ago jam on brakes for a flashing yellow in front of a fire station. I got a ticket and a new offroad bumper and some LED lightbars out of it instead of getting factory gear. Was the person stupid , yep. But it was my fault was I too close , by Florida traffic standards, no. But if you look at the book and figure in a 6000lb truck... yeah I was too close. You don't need to look hard to see I dont have to make up credentials. I wasn't flaunting that , I simply gave an opinion when one was asked for. I simply happen to be uniquely qualified with knowledge, training and 25yrs of experience actually doing it.

:iagree: dashcams have light enhancement built into the camera to produce better night time vision than actual real life visibility. Might be challenging to recapture the same scenario unless you have similar weather conditions but definitely worth a try.

It was wet, but seems the rain had stopped (didn’t see rain drops on windshield). So I think he can just reshoot this at late night, under similar traffic condition.

I think dash cam technology is relatively new, many of us (myself included) aren’t aware just how much these tiny camera’s can enhance a night time video, and jumped to conclusion that the truck was easily seen.

Facebook?

If I'd just heard the story..."I hit a truck that was abandoned in a passing lane around a corner in the dark"...then I'd say it's the truck owner's responsibility. But having seen that video, where the truck is visible well before the curve, where there's no other traffic in the right lane preventing a swerve, and where the video makes it appear there was time to avoid the truck, now I'd have to say the responsibility is on the OP. Should have left that video under your car seat.

:iagree: agree 100%. As others have said the dash cam probably will hurt more than help in this case. Don't talk about it online until it's done

I'm sorry i really don't see any situation in where OP doesn't come out of this at fault, or best case scenario, partly.

The truck IS visible, and very much so at 3 seconds, easily. . . not to mention there are lights above and the street is well lit so in terms of visibility, there is no debating, the truck had suffecient lighting around and above, hell even that really bright one that is pretty much right above the truck then you go the few every few meters or so... and the licences plate from the truck also starts to reflect and even at that point he still has time to react. OP was distracted or not paying close enough attention Some are arguing that we can see the truck because we are looking for it. . . then what are you doing when your driving? You definitely cannot just be looking straight ahead a few inches, you are periodically looking ahead so that you can anticipate and avoid things like this, like your blind spots and rear view mirrors..

In terms of "reaction" time he had enough time, OP was WAYYY to close before he noticed the truck and tried to avoid it, lets be honest here....way to close, that right there will be a strong point against him orrrr OP maybe is loosing his eye sight and not know it? lol but seriously guys, look at it, i'd like to vote in favor of OP but realistically here 9 times out of 10 he will come out at fault!

Thank you guys for your input. It's up to the CHP and my insurance to figure out whose at fault. I mean, it's an accident. I'm cool with whatever the outcome is. Stuff happens.

But back to my original question... is my car done for???
I took down the videos, I think it kinda veered people away from my original question... :)

Yeah yo ride is ******

The damage is concentrated on the driver side above the wheels/tires so I can't imagine any frame damage since it was more of a side swipe vice an impact. It helps your side bags deployed but I seriously doubt your car would be totaled by the insurance company.

Take your car to the dealer or the most expensive body shop you can find to get an estimate. Insurance is going to give you a number based on used , refurbished parts and cut rate labor numbers they pulled out of their butt. I just went through this with Progressive. They tried to say they could find a front bumper for 360.00 and a grill for alittle less for a 2017 Titan XD. They use a hole in the wall parts company that says they can get the parts at that price. When I called them on it they cut my check at what is about right. Don't take the first number because they leave float for error , and dont do a photo estimate because there are small items that coukd cost a grip that cant be seen.

I'm glad no one was hurt... The most important thing.

If you do end up lawyering up and going to court, make sure that your lawyer understands that your dash cam has done some low-light filtering and processing, and the video may be much more clear than your sight picture that night. Don't trust that a lawyer will be tech savvy (probably best to assume that he doesn't even know how to check his email)

Court won't be an issue for him if he decides to contest the citation. The crash report has no bearing on whatever citation he might receive because he would be the only witness against himself. Any evidence that the officer writing the report has to present is considered hearsay and is inadmissible. At present the only evidence barring him not recognizing his 5th amendment rights is the dashcam video and aside from the fact that he posted it on Youtube, I'd venture to guess that his SD card was corrupted and probably won't be available for discovery. (If it were my memory card it would be corrupted by now anyway.) . I'd just go to court plead not guilty. If they officer is asked to give testimony , as soon as it was my turn to cross, I'd ask one question......."Were you there when this happened?" Survey says "No." I make a motion to dismiss, no fine no court fee , just the cost of a crap afternoon in a municipal facility. Then off to deal with insurance. For those who may doubt what I say on this find a friendly legit traffic lawyer and ask him. This is even simpler than avoiding a speeding ticket adjudication or an accident with occupants because in this case the defendant would be the only witness.

And this is why insurance costs are insane in NJ. If you have an old shitty car just put out your turn signal and cut a driver off then slam on the breaks. Magically you get thousands of dollars plus a paid vacation for all the pain and suffering cause by the other driver failing to maintain control of their car.

This makes me wonder if you ever even been in a court room before, the officers show up to court. Hell, if this were the case everyone could get all traffic citations dismissed because they are all just hearsay.