Mommy’s Escape 6.0











{March 18, 2009}   you be the judge

Okay I am going to tell you a story that has me and my husband arguing back and forth (in a silly way, not an irate, angry, mean sorta way – although sometimes it can get intense!)

About six years ago we lived in the part of South Florida that is sorta like a little bit of Cuba – Mrs. Bear, you know which part I am talking about right?

Anywho…

I was pulling out of my apartment complex and waiting to cross the street when all of a sudden I hear a loud thump and thud on the side of my car. i put the car in park and I get out to see what happened.

When I look I see the guy who was on his bike just a second ago on my right side pulling his bike up off the floor and a huge dent in my rear passenger door.

This is where you all come in – who is at fault?

My husband says I hit the guy

I say the guy hit me.

My logic: I was already pulled out onto the driveway and he was coming towards me as I stopped. I knew he was there – who could miss that bright orange cap that should have actually been classified as a traffic cone it being so bright!  There is no way that I could have hit him with the rear passenger door side of my car. If I did it would have had to have been moving side to side like a tail but we all know cars can’t do that so duh! He hit me.

His logic: I am a distracted driver and probably didn’t notice the guy was coming and he didn’t have time to stop so he ran into my car.

* mind you, he was not in the car at the time just like you so he is going based on my story telling abilities*

Now your honors, based on the evidence presented to this bloggy court – it is my closing statement that my client, I mean me, is innocent of all charges and should therefore be exonerated and further mentions of guilt as pertains to this case by said husband should be punished to the fullest extent of the law for slander and perjury. I rest my case.

Now, what say you dear kind and illustrious and wise judges of the blogosphere?

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Ah, Krystal, this is my job! This could go two ways. If you were stopped at the exit of your complex and straddling the crosswalk where pedestrians usually tread, it would depend on your timing. If you saw him coming and pulled up anyway into his oncoming path, you would share some liability as, being the driver, you should have expected him to continue into the path giving him right of way. If he was a distance away and not immenently coming into the crosswalk, he has the liability to see the stopped vehicle in his way and make a manuveur to avoid impact. So, if you were stopped there for say 5 seconds or longer or he was over 200 feet away, you shouldn’t have any culpability.



mrsbear says:

Ah, South Florida. My mom and grandparents still live in “Cuba-leah” as my friend called it, and we’re not that far removed either. We considered the move north but with the real estate market slumping, we’re kind of stuck. I would say you were not at fault, although Sprite’s Keeper makes some good points. I think if he hit the side of your car then it’s his fault for not having better reflexes. Hope he was okay though and that this little incident isn’t still an issue other than the occasional marital dispute. 😉



I agree with Sprite. Part of the conclusion will depend on exactly how long you sat there. Stupid bikers tick me off. Watch where you are going I want to yell. LOL. How can you miss a huge car in front of you! Hey, a little argument here and there with the spouse isn’t a bad thing. Happy St. Patrick’s Day (belated)…



Lori says:

Oh aren’t these little arguements with our spouses fun? And you right, something small can get pretty intense even if your not screaming,swearing or necessarily fighting. I was going to say that he is at fault but then read Jen’s comment and she has some good points about the amount of time.

About 10 years ago, when my son was 16, he was riding bike down the street and some hot girls in bikini’s laying in the sun caught his eyes and he ended up hitting a park truck…lol…and got a concussion. He didn’t know these girls because they were visiting from out of town. I don’t think he will ever live this down. His sisters had a hay day with this but on the bright side these girls came to his aid and gave him their phone numbers.



goodmum says:

My Hubby’s an insurance broker. He says that, unfortunately, when it comes to a car and a bike, the driver of the car is almost always found at fault, no matter the circumstances. This pisses Hubs off because he’s had some clients found at fault when clearly it was NOT their fault.



Hubby is wrong. I sentence him to a week of childcare alone, he must clean the house from top to bottom and when Mrs Krystal returns from her spa break, he must have all the kids in bed, must look gorgeous, have a romantic dinner made, and do the things that will make Mrs Krystal *happy* lol. I’d make a good judge, no?



Kat says:

It was definitely his fault.



Casey says:

I had that happen to me once in college. A guy ran the light (on his bike) and ran into the side of my car. I watched his face squish into the driver’s side window and he slid down and fell on the ground. He was obviously at fault, he didn’t stop and bolted around another car before he ran into me (which is why I didn’t see him coming). I didn’t realize how big of a dent he put in my car until I got home since he kept insisting that he was ok and ran off, carrying his broken bike. I guess he didn’t want to have to pay for the damages.



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