Rolled the truck...(pics)

If I was you OP, I would be thinking about suing Neil Young. His voice probably caused some stress cracks in all your rims. Just funnin. Saw him a few times live. Puts on a great show. But that voice..... lol

 

did they seriously write you a ticket for driving into oncoming traffic...that's not only a dick move but NOT the purpose of that code. It's for doing it on purpose or absent mindedly, not for when you're in a collision.

On top of that, there was no knowing the vehicle was unsafe before your collision.

Fight both citations, you should win. Dick move to write a ticket in that case.

 

Eh, I think it is just following protocol. Single vehicle crash, vehicle crossed lanes and ended up on other side of roadway. They'll probably send him/his insurance a bill for the guardrail as well.

Not saying it is right, but as said earlier, if you rearend someone fault is automatically placed on you.

Something failed somewhere, whether it was the driver's failure or a component on the truck that failed. Crashes such as that don't just happen.

No accusations on my part either way, I wasn't there nor were any of us other than OP, so it is all speculation on our end.

 

I guess it could be a policy, but it's a piss poor one. Even if it is one, one cite should suffice. It's an officer's discretion to issue a cite at a collision (in CA, you actually have to have extra training to even be able to do so). Crossing lanes due to losing control of a car and flipping, and gets a cite for wrong side of roadway...insult to injury. Rearending someone these days does not automatically place you 100% at fault, btw. Sure the guardrail is damaged, but that's what insurance is for. They will get a copy of the report and have it repaired, the cite isn't what gets the repair done. Just because there's a collision, doesn't mean there needs to be a cite.

Yes, a part failed. But issuing a cite for operating an unsafe vehicle means the operator was aware it was unsafe, and drove it anyway. Most drivers are not car savvy, and even those who are know failures can be a surprise.

Bottom line, as someone who is in the field, it seems like a dick move if it went down how OP stated. Our motors won't write a cite at a collision unless it was blatant, IE running a light, failure to yield, etc. They don't write them for mechanical failures.

just my two cents.

 

Yeah, I can't speak for all places just experiences here. 10 times out of 10 you will either get a failure to reduce speed or driving too fast for conditions dependent on weather at the time, even if the car ahead of you locks up their brakes. He said/she said type of thing.

Not saying it is right or you can't get them thrown out in court, but the officers only cite you for their belief's at the scene. Rarely, uless it is a deer vehicle collision or some sort of weather induced, wind blows a tree down etc, event labled an "act of God" a ticket will not be issued here. So for me it wasn't surprising for him to have been issued a ticket.

I stand behind my opinion that the rim did not fail however, just don't have one on what caused the crash as I was not there nor do any of the pictures, aside from the lone wheel pic, offer much insight.

 

Rims do fail. They fail a lot. I work at a salvage yard. Factory wheels are better than most aftermarket wheels but it can happen to any of them. And trust me seeing stuff like this is more common than you guys think

Factory Jeep liberty wheel. Center section is nice and thick/heavy. The outer rim is super thin/light weight

 

If rims were failing as often as you believe there would be law suits and recalls from manufacturers. There are so many recalls from all the manufacture you would think we would see some wheel recalls. The OP is not giving all the info on what happened. Obvious the police didn't believe him either and charged him.

 

Just because a rim fails doesn't mean the company is gonna have a recall.. most wheels say "steer use only" off-road? voided..
Hit a curb ever? Voided...
huge pothole? Voided
Theirs too many things to "void" any liability

 

If there is a failure of a product that results in loss of life there is most definitely going to be a recall. If rim failure was a common occurrence (as stated above) manufactures of the product would be forced by the government to implement a recall. Rim failure under normal conditions, like the OP's situation, just doesn't happen.

 

The rules for normal wear and tear is what your missing most rim company's always throw in the fine print that any knicks or chips to the finish could lead to structural issues down the road. Or that off-roading or curbside damage voids all manufacturers liability. Read the fine print for some aftermarket wheel company's and then you realize why it's important to go oem or a reputable company like scs

 

if i were considering a lawsuit i would not post anything related to it online. you're just giving the opposition the opportunity to research your side of the case and find ways to prove you wrong. there are multiple people posting in this thread alone opinions that they can argue are just as valid as the OP's, stating that the wheel did NOT cause the crash. best of luck whatever you decide to do, and glad you're still alive, but i'd shut down this thread if i were you.

 

Sometimes, although rarely... when safety devices are not used... it can save you life. I was in an accident in my Tacoma. Drunk driver swurved, while trying to avoid him myself and an F250 collided, pushing me into on coming traffic. I had just enough time to get back in the right lane before hitting another truck head on. Later discovered, failed spiral cable prevented air bag from going off. If it would have, I'd have never been able to regain control and get back in the right lane, I'd be dead! I called Toyota to thank them for the defective spiral cable. At first, they thought I was being sarcastic, but I explained what happened and that I really was greatful. They didnt know what to say, lol!

 

Also tough to sue a Chinese wheel manufacturer.

 

Glad your OK, though that failed wheel reminds me of the story of the three legged dog who walked into the saloon, looking for the guy who shot his paw....

 

One thing I have learned going through my lawsuit... check with your state's Attorney General. To sum it up, in Louisiana, if a seller uses the manufacturer on an advertisement... meaning, lets say Bob manufactures widgets in (name a city, state, country), and Pete, as a local dealer purchases, in bulk, Bob's parts and then advertises that I install Bob's parts and offer "Bob's manufacturer warranty"... Pete has now assumed all liability for the warranty.

Hope that help, I know it absolutely sucks fighting a corporation!

 

Yes they absolutely can send his insurance company a bill for property damage. I am a licensed insurance agent and adjuster. But, I have NEVER seen it happen either in my work experience nor during my experience in a single car accident. Debris in the road pushed my Mazda 626 into the barracade at the beginning of a bridge, at about 60MPH. Car was 7 days old, total loss. Destroyed the barracade and a long stretch of guide rails. Put it like this. The impact was so hard, I had a speaker box in the trunk. It went through the back seat, hit me in the back of the head, went through the windshield and landed about 20 feet in front of the car. Broke both arms... vertically... meaning shattered long ways, not across...

 

Hey guys, just wanted to update everyone and also see if you can try and help me figure this out.. As for a lawsuit, it's just not a viable option for me. With the research I've done and the lawyers I've spoke to saying they don't think it's a clear cut enough case to take pro bono. Anyways I am still very distraught over the cause and I would really just like to come to a reasonable conclusion. Everything I've told you all is completely accurate and everything I know about it. Adding to that the witness who corroborated my story, I think there is plenty of evidence to give a solid explanation to what happened. The insurance company has already taken my truck off but I am going to try to see if they can connect me with someone that has access to it if it hasn't already been smushed. Some insight here would be helpful. As for the rollover itself with the way that it happened, isn't it logical to suggest all signs would point towards a steering link failure? A tie rod maybe? I'm just throwing that out there in light of my conclusion that I don't believe the wheel itself failed causing the crash. Here's my reasons:

-There are NO skid marks or gouges in the road(says enough right here)
-According to the NTSB the most common causes of wheel separation is(from rarest to most common):

• an axle fracture, where a piece of the axle breaks free of the vehicle and takes the wheel with it
• a hub separation, where the bearing or the axle spindle nut fails and releases the hub and wheel from the vehicle
• a fastening failure, where wheel nuts fall off and/or wheel studs break and release one or two wheels from the vehicle

- With that said the NTSB also says what usually happens is the wheel "bounces into the air continuing in the direction of travel" (because of the sudden weight change or "load on the tire" from the truck)
-The wheel landed in a ditch about 20 yards to the immediate right of where my truck came to a stop. (See pics) Indicating more likely that the guard rail caused the wheel to break off, or at the least finished it off... I tried to see if I could find some sort of markings on the guard rail that might prove this but no luck. Still the most logical explanation.
-I've analyzed the entirety of the accident with an eyewitness

So this is everything I know about it and would definitely appreciate any and all input you guys wanna throw out there. Not to mention the 8 pages of discussion previously. Lots of really good insight and I most definitely am thankful yous guys

*ONE MORE THING, The insurance company has valued my truck at $13,600 which I consider a very fair valuation but just wan ted to see what you all thought and I know you guys have experience with haggling with insurance companies and I for one do not as this situation is a first for meh. Chime in and give me the low down. In all honesty I just want to get the absolute most money obviously. Here's a little more detail about my truck for accuracy purposes:

2006 PreRunner DCab bought new and is the sole owner
-136k miles and routine maintenance was kept with records of all oil changes
-Had the TSB work done for all new TRD suspension

*Garage kept..I took OCD level care of my truck.

Modifications:
-20" Gear wheels(I don't recommend) $1500 ish
-Cooper Zeon LTZ tires 35's. $1200 (Definitely recommend) Great hybrid tire that tremendously outperformed the Nitto Terra Grapplers I had on previously.
-Toytec Ultimate Coilovers that were less than a month old $700 (Before I wrecked I was becoming unhappy with these as the ride comfort was just as bad as it was with the stock setup with a top plate spacer I had on before...)
-Kenwood DDin head unit with amp $600
-Spyder black step tubes $200

Thats it... Let me know.. Much appreciated guys.

 

I have had tie rod fail before, not on my Tacoma but on Nissan. At about 35-40mph, the right wheel basically turned completely out sideways. Still left a mark on the road. Settlement seems fair. Neighbor flooded his last year (same year, make, model) he got $19,000. But, he had to leave everything in it. High $$$ stereo, no physical damage, just electrical and engine damage from 3' water. So they prob resold it at auction for few thousand. If you have $$$$ in extras installed, like salvagable amps, accessories, maybe ask for a little more or ability to keep things such as amps... etc.

EDIT

head unit is worthless now. Amp prob good, coil overs... i have done this before...

I Totalled a mazda that had aftermarket rims. They agreed that i could take my tires and rims if i provided the oem tires and rims. If you still have old coil packs, maybe see if they allow swap?

Hope that helps.


Side note, even at $13,600... which is NADA current price... besides the FJ's these trucks hold the highest resale value of ANY vehicle from any manufacturer on the road!

(FJ's have something like 95% resale value)

 

Important... what Ins. Company?!?

 

Normally when your wheel breaks it will create some sort of damage in the inner fender well area. It doesn't look like it even damaged your fender flare at all. I think it broke when you were flipping and something else caused it but it is so hard to say.

Glad you are okay, had the same similar rollover two months ago. These trucks are strong.