Great day for an auction, not so great to go home

Stuff went rediculously cheap and most of the stuff didn't even sell, so we bought a new couch and loveseat, a table, rocking chair, 3 pc. coffee and end table set, a secretary's desk, and 1 single chair that matched the other 3 my brother gave to us.

We packed up and got home by 4, and we were gonna back it up to the garage to store it rightaway but we went to my nephew's 1st birthday party first and decided to do it later.

Around 5:45 I went out to get the stuff which I parked in the farm driveway, and went to back up to the garage on our house. We live on a busy highway and the speed limit is supposed to be 45, but no sooner than I got onto the road when it was clear, than my trailer got hit by a teenage girl who just got out of work (works at the local Ace hardware) and had to baby sit in 30 minutes.

She said she didn't see me, but it's hard to beleive that when I had my hazards on and the road was straight and clear. I stopped when I saw her coming and she wasn't slowing down, thinking she was gonna take the shoulder or the ditch, but she hit the left rear corner of the trailer and then hit the ditch. No skidmarks to be found, no squealing, nothing. Did I mention she was driving a late 90's MUSTANG?

I got a $160 citation. I didn't bother sticking around to see what she got, I was getting cold so I went back in the house to cool off. I'm gonna talk to my brother who was an insurance agent a couple years ago and take some pictures, etc... What really sucks, is that techmnically it's Dad's truck yet and under his insurance, so it's gonna affect his insurance, my insurance, and I'm gonna haveto fix the trailer plus take time to go to court to see if I can get it reduced or dropped.

The 3 pc. coffee/end table set took the brunt of it and got damaged, as well as the back of by trailer. The trailr itself is fine, but the wood sides on the back and the tailgate are pretty much gone on the left side.

Now I'll have to make a tailgate like I was thinking about making, that folds in half and makes a ramp to drive stuff onto the trailer.

Donovan from Wisconsin

Like someone else said,she seen you,but her brain didn"t get the message "cause she was yakin"n on the phone.

Take lots of pictures of road too.How much you wanna bet she has you made out to be the "bad guy" to her insurance and parents?? Get ready and good luck.

Donovan from Wisconsin

Ask this! If you had pulled into the driveway "front first" and slowed such that the trailer and load were at a reasonable speed to make the driveway corner, and had your turn signal on would she have hit you. Probably. The most reasonable action on your part (having assessed the visibility and low traffic nature of the rural setting) was that which is expected.

If it had been a bread delivery truck, or a handicapped transport vehicle turning around in that driveway, would they be at fault?

Best of luck, I hope John T the very best Country Lawyer I know, reads and responds to this. JimN

Happens all the time around here.

Mark

Since the weather was clear, you may have a case.

"Limitations on Backing. The operator of a vehicle shall not back the same unless such movement can be made with reasonable safety."

I'll have to do a little more digging, but I think I may just have a case. The road was clear, and the lane she was in, I can see for over 1/2 a mile. Probably closer to 3/4 of a mile. I saw no cars coming and I pulled onto the road from the farm driveway, where I was parked, and drove up to the house driveway where I was backing up to the garage. I wasn't on the road for more than 30-40 secons, and all of a sudden there's a car coming that isn't stopping.

If I do my math right, 3/4 of a mile traveled in 40-45 seconds would be about what speed? 60-65 MPH in a 45 MPH zone? Doesn't sound right.

Donovan from Wisconsin

I got a ticket for unsafe backing.

Donovan from Wisconsin