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.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.
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