My question involves a traffic accident in the State of: Wisconsin
Recently, I was involved in an accident. I was driving in the right lane, and a vehicle in the left lane suddenly drifted into my lane. This vehicle was moving at a definite unsafe speed, roughly 80 or more. I had to quickly swerve to the right to avoid hitting him, and then back to the left to regain position on the road. However, as a result of this, i ended up in the center median.
Luckily, neither me or my passenger were injured, although according to my friend, I hit my head on the steering wheel and likely blacked out momentarily. I'm positive that I had a concussion, and even right now, my memory of the incident is somewhat fuzzy.
However, after the officers arrived, both me and my friend were asked about the accident and we both told the officer that we got cut off and landed in the median trying to avoid a collision. The other driver simply continued driving, and did not stop. No other witnesses stopped either.
Erroneously, I told the officer that I was going 70 (in a 65), which now as my memory comes back to me was clearly wrong. Both me and my friend remember there being a particularly slow trailer in front of us, going no faster than 65.
I believe that that is the only reason why I got slapped with a citation under 346.57, with the description failure to have control. I would need to have this ticket removed, however, for insurance reasons as well as the 4 points that it added to my driving record.
What would be my best defense for this case? I know clearly that the accident was not my fault, and could be considered a hit-and-run with an "Unsafe Lane Deviation" on the part of the other driver.
I know that the officer will try to claim that I was driving too fast for the road conditions at the time, I know the following: 1) It was a clear and sunny day 2) In reality, I was going the speed limit 3) Even going 70 on this stretch of highway would be below the general flow of traffic. In addition, I was in no mental shape to answer that question at the time. I was shaken up and had a concussion.
If I were to go to my doctor and get medically confirmed for a concussion, would that help my case as well?