coming out of my game today i left out of one of the exits and this kid on a quad (he was dickin around racing other quads and popin wheelies during my game) comes flying out the 2nd exit right in my lane so i swerve over to the other lane and he flys by me well i get back in the right lane and im going about 35mph and i come up to a turn and the kid is going slow (he has no brake lights) so i hit my brakes and go over a bump which than all 4 wheels lock up i drilled the kid and the quad , than the quad got attached to the front of my car i slam inot a guard rail.
me and my friend are fine but the kid on the quad has a broken leg i think
now the police are saying that i was racing which because when i swerved into the other lane to avoid hittin the kid when he cut me off a person in the house right by it said he saw me next to him racing
so i need everyones advice my parents think they are going to sue but i say to countersue if they do because he shouldnt be on the road
ill post pictures when i can get to my car
first thing, see if its registered and has plates. if not, it shouldnt be on the road. its a motor vehicle and in order for it to be on the road it must be insured and registered. sounds dumb but when i went to court in philly someone got pulled over while riding a quad on the road and the judge told him since its a motor vehicle it has to be insured and registered to be able to drive on the road. im assuming this goes for all states.
idk i think it has plates but im not sure im just worried what the police are going to say about all of this because they told me my friend and 2 witnesses that we are all liers and that we were street racing so i dont no what im going to get...
Your going to need hire a lawyer of they sue.
- 2004 Cavalier - 124k, owned since new
well for a vehicle to be on the road they need brake lights.. This sounds like a really @!#$ty situation. I hope everything works out for you.
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Visit The Spork
ATV's are considered off-road vehicles.... in most places is not legal for them to be on the road... I don't think you can get them licensed for road use...
I remember an auction on eBay awhile back where a kid was selling his brand new Raptor because he wanted it for street use but his state wouldn't let him, even though he had already put street tires on it and everything....
Rob
Sold 2/2/05
yea they are illegal in pa to ride on the road...idk when i find more stuff out ill post
As far as I know even if the atv is registered you can't ride it on the road, All that registering it does is allows you to ride it on public trails and off of your own property
have your friends and any other witnesses come and give a statement that you wheren't racing. the police can't say "your lying" when they wheren't there in the first place.
also look into if he was on the road legally or not.
and if you have to hire a lawyer make sure he goes after fees as well when you have to counter sue.
SunfireGTCustom,
I'm not a lawyer, so this in no way should be considered as legal advice, but here are some things to think about...
When did the person who claimed that you were racing see you? You stated that the kid went flying by you, sounds to me like that could be interpreted as racing, passing, or even simply speeding on the kid's part. (What's the speed limit on that road?) I get passed by other cars on the road all the time, that doesn't mean that I am racing them. Just because the witness interpeted it as racing, doesn't mean it is.
If I am understanding correctly, this whole ordeal started when you started turning. How visible was "what was around the bend"?
How close to the road was this person? Were they in their house or outside? What time of day was it? You mentioned that the kid had no brake lights. Was it dark? If so, then how good was the witness's view of the ATV. Basically, how credible is the witness's recollection of what happened? Same thing goes for the other two witnesses's that got call liars. (What did they say?)
How far away was the point on where you slammed the brakes from the kid? Would your car have normally stopped in time if that bump wasn't there?
Remember, the US Justice System says that you are innocent until proven guilty. In order to have a case, they are going to prove that you were in fact street racing. Find out what your city/county/state's official legal definition of "street racing" is. If I correctly remember a conversation I once had with a law student, they need to prove you broke every section of that law.
I agree countersue if they try to sue you. By going slow that kid on the quad was illegally obstructing the normal flow of traffic on that road. In addition to that, he made the road hazardous for other drivers.
Once again, let me reiterate that this is only my opinion of the situation, nothing should be considered legal advice. I would call a lawyer regardless of what the kid's parents do. You don't want a street racing traffic violation on your insurance.
Good luck and keep us posted.
well the person who claimed i was street racing said he was me in teh other lane but the only time i was in the other lane is when the kid went into the road and almost his me i swerved into the other lane. There isnt any signs posted on what the speed limit is.
The "bend" was almost a 90 degree turn which he wasnt to visible when he was brakin..
The person was about 100ft from the road on his porch and it was around 645-700 which is still light out here in PA.
it wasnt dark so i could see the back end of his quad go in the air when he was braking
The witness only saw the kid next to me and didnt see him or me down the road.
The witnesses that were on my baseball team saw the kid cut me off and made me go into the left lane (there was no center line on the road).
I was about 25-30ft away from the kid on the quad when i noticed he was braking hard. I believe that i would have stopped if the road didnt have that many ramps and pot holes..
I guess my insurance agency is getting all of the witnesses stories and going from there because if they do anything the insurance agency has a lawyer to handle it...
I recieved a call today that the car will be able to take on friday so My dad, uncle, my friend (that was in the car) and i will be driving 45 mins to get it and bring it home on a dolly....
when i recieve it ill take pictures and show you the damage
P.S. my father said that no matter what we arnt keeping it because he said there is to many problems that can occur with the axal and to fix the axal,bumper,fenders,hood and door would cost more than the car since it is only a 95 so i prolly will be parting it out if anyone needs anything let me no and make an offer....
that sucks. your car was one of my favorites. its what made me decide to paint my cav gunmetal. hope everything works out for you. if you are gonna part it out, i'll take the wing. just let me know much
the headlights look like there still in good shape...email me at mattbeck16@gmail.com...i wanna buy em
yea im going to part everything out after the insurance person comes by and takes a look at it and tells me that i can so if anyone needs anything just tell me and ill make a reasonable price...
really i just want it out of my sight because its sick to look at
hey man, ill buy your trunk with the wing still on it off you. let me know how much you want for it thanks
Broda
Man that really sucks. Sorry to hear.
Can we say 03+ sunfire. haha, j/k
My Car
Can't say for PA but I know some places ATV's are only allowed to cross the road driving on it is not allowed. This will help with insurance since he had no business being there. The street racing accusation is another story even if he was illegally on the road you could have still been racing, I would get a lawyer nobody wants a street racing charge on their record especially if you didn't do it.
AmazingJay
That stinks man... what are your plans for another car?
somthing 4 door.... does anyone no of a car thats 4door thats cheap on insurance i was thinking a galant
how much you want for the sides? how bad are they messed up?
darksidealtima@yahoo.com
sorry to see that man.
My car was made with wrenches, Not chopsticks.
The kid don't really have a case in my opinion, but my insurance company screwed me on a smilar deal. cept mine was 2 kids into the front end of my car. on a dirt road when i was only doing 25 or so and they came flying up it and smacked into the front end of me. I got screwed out of 500 for my deductable. And they got fined and a trip to the hospital. My insurance was worried cause the cop said I was partially at fault even though they weren't suppose to be on the road. and because I was in the center of a one lane dirt road. with just enough room for vehicles to pass one another. The kid is at fault because of being on the road. also find out if the quad is registered cause in pa they have to be registered and insured or they can be fined for that.
the one side skirt is fine but the other the top fron of the skirt is missin idk if u still want it or not but once im alloud to sell my exterior ill cut u a deal cheap
another update* the kid is still in the hospital.... and im going to the scene of the accident on friday with my insurance investigator...
ill keep everyone updated
Sorry to hear about the accident. Hope things work out for ya with the insurance company. That sucks.
Wanna sell the rims? I'm looking for a set...lemme know what u need. email me at shortcut2009 on yahoo
Travis
Check out my build thread!
