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Hello. I have come here for information regarding the blackbox or "blackbox big brother" device on the Mazda 6.

Last night a guy driving a 2005 Mazda 6 slammed into my car at approx 60MPH in a 15mph zone.

Keep in mind this was in a residental area while I was pulling out. My wife is in the hospital still as she has some minor neck injuries and was sitting on the passenger side.

However I am being held equally responsible because I did not yield at a driveway (state law/statue) Therfore I am looking for information regarding the blackbox device that records speed, and braking information since the Mazda is near totalled and I am sure that the information is there and can be used aganist the guy and to go after the insurance company of the other driver.
 

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Hello. I have come here for information regarding the blackbox or "blackbox big brother" device on the Mazda 6.

Last night a guy driving a 2005 Mazda 6 slammed into my car at approx 60MPH in a 15mph zone.

Keep in mind this was in a residental area while I was pulling out. My wife is in the hospital still as she has some minor neck injuries and was sitting on the passenger side.

However I am being held equally responsible because I did not yield at a driveway (state law/statue) Therfore I am looking for information regarding the blackbox device that records speed, and braking information since the Mazda is near totalled and I am sure that the information is there and can be used aganist the guy and to go after the insurance company of the other driver.
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Oh my, sorry to hear about the accident. Glad to hear that you guys only suffered minor injuries and nothing more.

As far as the "black box" you are referring to, here's a few threads you can follow on:
http://forum.mazda6club.com/index.php?showtopic=37958&hl=
http://forum.mazda6club.com/index.php?showtopic=22666&hl=
http://forum.mazda6club.com/index.php?showtopic=20069&hl=

I don't know the accuracy of this information. Your best bet might be a Mazda North America. Good luck with everything.
 

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Hello. I have come here for information regarding the blackbox or "blackbox big brother" device on the Mazda 6.[/b]
There is another post about this actually. The black box should actually hold 30 seconds of date before the accident.

I'm sorry to hear about the accident, and I hope your wife makes a speedy recovery.

Unfortunately, if you came out of the driveway into traffic, you are at fault. Since the other driver was far exceeding the speed limit, he's at fault too. Good luck with everything man.
 

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Hello. I have come here for information regarding the blackbox or "blackbox big brother" device on the Mazda 6.

Last night a guy driving a 2005 Mazda 6 slammed into my car at approx 60MPH in a 15mph zone.

Keep in mind this was in a residental area while I was pulling out. My wife is in the hospital still as she has some minor neck injuries and was sitting on the passenger side.

However I am being held equally responsible because I did not yield at a driveway (state law/statue) Therfore I am looking for information regarding the blackbox device that records speed, and braking information since the Mazda is near totalled and I am sure that the information is there and can be used aganist the guy and to go after the insurance company of the other driver.
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First, hope your wife fully recovers. Neck injuries can last a long time.

Second, I doubt that anything will help you with any claims you are thinking about pursuing. From your post I gather the other driver has been cited already - it's pretty easy for the police to determine an approximate speed and attempt to stop at most traffic collisions. And it seems that you were also cited for failure to yield - also a proper citation.

You are very clear that you want to alleviate your own responsibility in this incident and shift the blame to the other party so you may pursue a claim. However, the police have correctly determined equal fault for the accident and it will be very difficult if not impossible to counter that. In the end it doesn't matter how fast the other person was travelling or even if he attempted to stop. If you had not pulled out in front of him/her you would not have been hit. It is your responsibility to determine if it is safe to exit your driveway by observing the approach of other vehicles as the car on the roadway has right of way over cars attempting to enter the roadway. In a way you should be glad the other party was speeding as it gave the police a way to share responsibility otherwise you would have been completely at fault . And the police did you a favor. Even with the speed of the other car, a lot of police would have still put the preponderance of blame on you for failure to yield.
 

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You are very clear that you want to alleviate your own responsibility in this incident and shift the blame to the other party so you may pursue a claim. However, the police have correctly determined equal fault for the accident and it will be very difficult if not impossible to counter that. In the end it doesn't matter how fast the other person was travelling or even if he attempted to stop. If you had not pulled out in front of him/her you would not have been hit. It is your responsibility to determine if it is safe to exit your driveway by observing the approach of other vehicles as the car on the roadway has right of way over cars attempting to enter the roadway. In a way you should be glad the other party was speeding as it gave the police a way to share responsibility otherwise you would have been completely at fault . And the police did you a favor. Even with the speed of the other car, a lot of police would have still put the preponderance of blame on you for failure to yield.
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I will agree with this for the state's standpoint, but if he wishes to take the other driver to court, this statement is false. Even with the police stating he was at fault for not yielding, in a personal law suit he could prove that his motions were safe and reasonable. If he can prove that the other driver was moving as fast as he states, he can then show that his line of sight was clear, meaning that any car he could not see traveling at a reasonable speed would not have hit him. I'm unsure of the laws in his area, but if he backed out of his driveway, his case will be hindered (but not impossible).
 

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I will agree with this for the state's standpoint, but if he wishes to take the other driver to court, this statement is false. Even with the police stating he was at fault for not yielding, in a personal law suit he could prove that his motions were safe and reasonable. If he can prove that the other driver was moving as fast as he states, he can then show that his line of sight was clear, meaning that any car he could not see traveling at a reasonable speed would not have hit him. I'm unsure of the laws in his area, but if he backed out of his driveway, his case will be hindered (but not impossible).
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You make a valid point. However, he is clear on pursuing a claim against the other driver's insurance company. He may be able to find an attorney to take his case on contingency because his intended target is a "deep pockets" corporation. But if not he will in all liklihood have to pay as he goes - a retainer up front, with additional fees as required during the course of the case and no guarantee that in the end he will prevail. (Juries being the fickle entities they are.)

Of course, if he is depending on convincing his insurance company to either provide representation or pursue the case themselves, that will also probably fail as the two companies will be more than happy to repair the cars of their own insured (less the deductible, of course) rather than run the risk of having to pay for the repair of both vehicles. So, unless they see it as a 'sure thing', it is unlikely he will get any help from that quarter. And since insurance companies usually put a lot of weight on the police accident report and also have tables that tell them the odds of winning or losing a case of just about every type, they will not pursue a case that is indicated as a poor risk.
 

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You can always argue that the other person was going too fast and at the time you tried to come out, it was clear and had that person not been speeding, the accident wouldn't have happened. Basically, if it was right in front of a curve in the road and the guy was going 60MPH in a 35MPH zone or something, he's going almost twice the speed limit and there would be no way for you (backing out) to see him coming since if he was following posted speed limit, you would have been out and clear before he got to your position. However, I don't know how clear the visibility there for you is. Good luck and hope your wife has a full recovery.
 

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...Last night a guy driving a 2005 Mazda 6 slammed into my car at approx 60MPH in a 15mph zone...
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...Basically, if it was right in front of a curve in the road and the guy was going 60MPH in a 35MPH zone or something...
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Actually, it was quadruple the speed...

Aren't there rules about that as well? Excessively excessive speeding? Loose license on spot type of thing?

It's a good thing you were a car backing out, and not a child chasing a ball...

Hope your wife has a quick recovery.
 
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