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  1. #1

    Default Accident With a Snow Plow, I Did Not See Its Lights

    My question involves an injury that occurred in the state of: michigan


    I pulled out and got hit by a truck with a snowplow at night, i didnt see his lights so i assume they weren't working or weren't on.I wasn't injured and at the scence i was in such shock,rattled and scared i admitted fault by just saying i pulled out infront of him forgetting to mention i didnt see his lights on at all on the plow.i was issused a ticket for failure to yield(which i want to avoid). well im only 21 so i let my mom handle the insurance and she talked to them and they said even if he didnt have his lights on i was still be at fault for entering traffic and the most that would happend if i faught this is he might get a ticket if it went to court, i wouldnt have mine taken away.. is there anything i can do to fight this , is my mom right?

    another question, i was pulling out of work(private drive) and had my uniform on and this was at 10pm at night so they would have no reason to see if i was drinking really, but the didnt even see if he was drinking? i find that odd since he admitted to going 60 in a 55 and this was new years day.why wouldnt they check to see if he was drinking?

  2. #2
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Didnt See Lights on Snow Plow,i Let My Mom Handle the Situation Which Was a Mista

    If someone pulled out in front of you and caused a wreck, is it reasonable for the police to suspect you are drunk?

  3. #3
    Join Date
    Jan 2006
    Posts
    27,259

    Default Re: Didnt See Lights on Snow Plow,i Let My Mom Handle the Situation Which Was a Mista

    in Michigan, in most accidents, as far as liability for the damage of the accident is concerned, it makes no difference as to whom is at fault. With Mi's no fault insurance, each driver is liable for their own damages, under most circumstances. You have stated nothing to suggest this wouldn't be the case here.

    As to the validity of the ticket:

    you can always try to make your argument to the court. Whether that gets you anywhere or not is going to be up to the adjudicator. I can see some situations where the lack of lights would be an overwhelming cause of the accident rather than you negligently pulling out in front of the other vehicle. Just as well, I can see where there would be no real excuse for your actions. The facts of the situation would be what makes the difference such as: lighting from other sources, how dark it was, was it snowing, if so, a little or a lot, as well as many other facts.

    as to checking him for drinking:

    unless they noticed alcohol on his breath or they really believed he didn't have his lights on, they really wouldn't have any reason to suspect he had been drinking. I would guess that they smelled no alcohol on him and simply considered this to be your fault, 100%. Now, since they took that perspective, asking if you had been drinking would have been simply something you ask of a 21 yo kid that just pulled out in front of another vehicle that appeared very rattled, even if they didn't smell alcohol on you.

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