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Farticcus of Plenticcus
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Discussion Starter #1 (Edited)
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/n57/shadowvox6/1999 Chrysler 300M/Accident-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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dammit, that sucks. shouldnt be too bad to fix, def not enough to be totaled
 

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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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Garfield Rules
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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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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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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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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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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.
 

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Farticcus of Plenticcus
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Discussion Starter #10
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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Farticcus of Plenticcus
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Discussion Starter #11
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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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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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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Farticcus of Plenticcus
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Discussion Starter #14
Here is something interesting in the Ohio Revised Code:

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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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!

--Gorm
 

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Farticcus of Plenticcus
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Discussion Starter #16
And to top to top it off....

Hazardous Weather Outlook
ISSUED BY JACKSON KY
NATIONAL WEATHER SERVICE WILMINGTON OH
959 AM EST WED FEB 21 2007

INZ050-058-059-066-073>075-080-KYZ089>100-OHZ026-034-035-042>046-
051>056-060>065-070>074-077>082-088-220945-
WAYNE-FAYETTE IN-UNION IN-FRANKLIN IN-RIPLEY-DEARBORN-OHIO-
SWITZERLAND-CARROLL-GALLATIN-BOONE-KENTON-CAMPBELL-OWEN-GRANT-
PENDLETON-BRACKEN-ROBERTSON-MASON-LEWIS-HARDIN-MERCER-AUGLAIZE-
DARKE-SHELBY-LOGAN-UNION OH-DELAWARE-MIAMI-CHAMPAIGN-CLARK-
MADISON-FRANKLIN OH-LICKING-PREBLE-MONTGOMERY-GREENE-FAYETTE OH-
PICKAWAY-FAIRFIELD-BUTLER-WARREN-CLINTON-ROSS-HOCKING-HAMILTON-
CLERMONT-BROWN-HIGHLAND-ADAMS-PIKE-SCIOTO-
959 AM EST WED FEB 21 2007

THIS HAZARDOUS WEATHER OUTLOOK IS FOR PORTIONS OF EAST CENTRAL
INDIANA...SOUTHEAST INDIANA...NORTHEAST KENTUCKY...NORTHERN
KENTUCKY...CENTRAL OHIO...MIAMI VALLEY OF OHIO...SOUTH CENTRAL
OHIO...SOUTHWEST OHIO AND WEST CENTRAL OHIO.

.DAY ONE...TODAY AND TONIGHT

DENSE FOG THIS MORNING WILL FREEZE IN SOME AREAS...PARTICULARLY
NORTH OF THE OHIO RIVER. VISIBILITIES WILL BE REDUCED TO NEAR ZERO
AT TIMES...AND SOME FREEZING FOG WILL BE FOUND ON ELEVATED ROADWAYS
SUCH AS RAMPS AND OVERPASSES. THIS FOG WILL LIFT BY EARLY THIS
AFTERNOON.

.DAYS TWO THROUGH SEVEN...THURSDAY THROUGH TUESDAY

PATCHY DENSE FOG IS POSSIBLE AGAIN TONIGHT...BUT THE MAIN WEATHER
THREAT DURING THIS PERIOD WILL BE STRONG GUSTY WINDS EXPECTED ON
THURSDAY. WEST WINDS WILL GUST TO 35 AND 40 MPH...PARTICULARLY
ALONG AND NORTH OF I-70 BETWEEN COLUMBUS AND RICHMOND.

.SPOTTER INFORMATION STATEMENT...

SPOTTER ACTIVATION IS NOT ANTICIPATED.

$$

GEOGERIAN
I am in Hamilton County, OH...
These were the conditions at the time of the accident.
This should back up my use of ORC 4513.03

??
 

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I'm sorry to hear about this. It seems that all the accidents are happening a bit too often around here lately. I'm still waiting to get the verdict on mine from last week on if its a total loss or not.

I definitely know the fog you were driving in this morning. I live about 35 miles NE of Columbus and commute to the north suburbs. You were lucky to see 200 feet in front of you. I also passed a car with no lights on. Never saw her until she was on top of me! Scared me a bit to be honest. Last thing I need right now is for someone to smash up my rental!

So long as you are OK, be glad as it looks as though they should be able to put everything back together. Keep us posted!
 

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Sorry to hear that man, hope they don't total it. As for the accident you sure do have a case, and any judge who would find you totally at fault shouldn't be allowed to sit in a court of law anymore.
 

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1) I hope it's in the police report that the idiot admitted to not having his lights on, otherwise it's your word against his.

2) It's pretty sad that some morons need laws to tell them when to turn their lights on. Common sense should tell them. I've seen plenty of dumb asses in the middle of the night driving without their lights on, they don't even get a clue when they can't see their gauges.
 

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**** sorry to hear about this.

That bad thing is. If the frame is pushed at all. It will never drive the same. You may concider getting a different one and transfer your parts over. Lord knows you should be able to part it out pretty well.

From what you said, it may be totalled. Cost wise it might be to much.
 
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