This is how my morning started... - DodgeIntrepid.Net Forums - Dodge Intrepid, Concorde, 300m and Eagle Vision chat
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post #1 of 72 (permalink) Old 02-21-2007, 11:23 AM Thread Starter
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This is how my morning started...UPDATE 2/28 CAR IS TOTALED

UPDATE 2/28 - CAR IS TOTALED...read down!!

http://s109.photobucket.com/albums/n...ident-Feb2007/
I was pulling out of my complex this morning...it was very foggy, and misty. I was turning left out, heading westbound. The guy in a 1993 Jeep Cherokee was heading east, at speed (45 mph) WITHOUT HEADLIGHTS ON in a heavy fog. I went to pull out to turn left, I did nto see him until he was ~ 100 ft away. Had he kept going, he would not have hit me, as I was in the outside lane, and he was in the inside lane.
He locked up the brakes, the driver's side rear swung around, and hit the driver's side front of the M. He had scrubbed off a lot of speed, but still hit me pretty good. He got out yelling at me...saying "you didn't see me". I replied, "you didn't have your headlights on" he then said "it is daylight out"

I got cited for "failure to yield"..I am going to fight it because he did nto take his due diligence to make sure he could be seen in the fog. I am hoping to get the fine reduced, and the points eliminated. We'll see.

I have Progressive Insurance, and they are towing the car today to one of their facilities. I explained to them that the car is a show car, and has many custom parts...and I wanted extra care taken with the vehicle...

I am figuring ~ $3000 of damage....
KBB states that trade in value is ~ $4600

The ABS/Brake lights are on
It is leaking coolant
The power steering sounds like a dying cow
The driver's side fender liner is rubbing the tire
There is under the hood damage.....TCM is pushed over, and the coolant reservoir is damaged.

I don't think this is enough to be totalled...
You guys have any thoughts??





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Last edited by shadowvox6; 02-28-2007 at 11:47 AM. Reason: Update information
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post #2 of 72 (permalink) Old 02-21-2007, 11:30 AM
 
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dammit, that sucks. shouldnt be too bad to fix, def not enough to be totaled
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post #3 of 72 (permalink) Old 02-21-2007, 11:31 AM
 
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Its not a total unfourtuninantly....

Im just gonna play devils advicot for a second here. As far as the accident goes it is techicly your fault since you did pull out in-front of him. That said I cant belive the officer didnt take into accound the fact he didnt have his lights on, but the law is the law is the law......

Hopefully if you get a reasonable judge you should be able to get the charges dropped or fine lowered like your hoping for, or you can go on diversion if thats offered in Ohio...
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post #4 of 72 (permalink) Old 02-21-2007, 11:44 AM
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Isn't it against the law to not have the headlights on in the fog? I don't think it is a total it may need some time on the frame mechine though to pull out that corner.
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post #5 of 72 (permalink) Old 02-21-2007, 11:48 AM
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I don't know about Ohio....but here, if you have your wipers on for any reason you are automatically required to have your lights on. I assume that this was the case here since you said it was misty. I'd definitely use that in court.
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post #6 of 72 (permalink) Old 02-21-2007, 11:51 AM
 
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If you were completely in the opposing lane, regardless of whether you pulled out in front of him or not, he lost control of his vehicle and struck you in your lane, how are you at fault? I guess one could say that he wouldn't have lost control if he didn't have to try and stop for you. I don't know how it is where you are, but here, if you can't stop in a reasonable distance and keep your car under control, you will usually get cited for traveling too fast for conditions. I would definitely fight it, and the damage doesn't look too bad.
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post #7 of 72 (permalink) Old 02-21-2007, 11:54 AM
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Despite the fact that his lights were off, you didn't yield and unfortunatly thats most likely what the judge will tell you since you were the only one to recieve a citation. However, you were really smart to take those pics of the foggy road and it will make for a very good case for you. You can also try and argue that he was driving too fast for the current weather condition. You might get your points reduced but it is improbable that the judge will shift the fault to the other driver. Good Luck.
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post #8 of 72 (permalink) Old 02-21-2007, 12:24 PM
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That sucks tom! If the ABS pump was damaged, like mine was when I totaled the concorde, its gonna be expensive, as my abs pump with trac, just like yours was like was $1200 on the repair sheet... Sucks, but hopefully it works out!

Last edited by SilverSpecial; 02-21-2007 at 12:26 PM.
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post #9 of 72 (permalink) Old 02-21-2007, 12:24 PM
 
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What are OH laws concerning headlights. Some states go even beyond the whole wiper rule and say that if it's not reasonably sunny day out, you must have your lights on. With the fog, the other definitely shares some blame if the law requires them to have their headlights on. And since they broke the law, it directly resulted in an accident.

I'm gonna say that they'll total your car. I'm surprised how much damage there is to your car. I smacked a couple walls (just like in NASCAR) at 50 mph in my accident and didn't have that much front end damage.
post #10 of 72 (permalink) Old 02-21-2007, 12:27 PM Thread Starter
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I haven't had a ticket, or an accident in almost 5 years.
My record is clean...it is just the principle of the thing.
I took my due diligence, and made sure I could be seen.
He did not, I am going to get prints of those photos, and take them to court with me.
I am hoping that the extenuating circumstances will rule in my favor.

I am hoping the car isn't totalled either.....we have a lot of history together....and a lot more still to write. Besides, I will get a new fascia, fender, and hood out of the deal if it isn't totalled, and I want the clean front end.







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post #11 of 72 (permalink) Old 02-21-2007, 12:32 PM Thread Starter
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Well, if it is totalled...I am going to get her back, and part her out.
I have lots of goodies on the car that could find another home.

I will keep you guys updated!!

Then, I'll either buy a Magnum, or a Special!!



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post #12 of 72 (permalink) Old 02-21-2007, 12:42 PM
 
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Definitely check into the state laws on lighting. Don't take the cop's word for it, he could be wrong. Police have to try to remember hundreds of laws.
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post #13 of 72 (permalink) Old 02-21-2007, 12:48 PM
 
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The other question is this, was the officer that responded to the call part of your communities "Taffic Division." If that is not the case at any accident if you feel the need you can reqest a traffic accident specialst to investigate the wreck and look into all the variables in the wreck. Atleast thats how my brother explained it to me, he is a Kansas City Missouri PD Traffic Unit Investigator....
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post #14 of 72 (permalink) Old 02-21-2007, 01:47 PM Thread Starter
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Here is something interesting in the Ohio Revised Code:

Quote:
4513.03. Lighted lights and illuminating devices required.


(A) Every vehicle upon a street or highway within this state during the time from sunset to sunrise, and at any other time when there are unfavorable atmospheric conditions or when there is not sufficient natural light to render discernible persons, vehicles, and substantial objects on the highway at a distance of one thousand feet ahead, shall display lighted lights and illuminating devices as required by sections 4513.04 to 4513.37 of the Revised Code, for different classes of vehicles; except that every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code. No motor vehicle, during such times, shall be operated upon a street or highway within this state using only parking lights as illumination.
Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.
Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.
(B) Whoever violates this section shall be punished as provided in section 4513.99 of the Revised Code.
Whaddya think?



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post #15 of 72 (permalink) Old 02-21-2007, 01:57 PM
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I think you could probably get him issued something for violating that rule, but the judge will probably still find it was your fault. :(

My car was hit much worse up and down the car, and they totaled it, but only because of cost reasons, the damage was very repairable.

Just be glad it happened now and NOT 6 days before Carlisle!

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