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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Taken to Small Claims Court for Accident, But Not at Fault

    My question involves a traffic accident in the State of: Michigan

    In a rural area: My wife was stopped at a stop sign at a "T" intersection on a hill (oncoming traffic does not stop) and turned left onto the main road. She did not see the vehicle that swerved to "avoid" her, and lost control of its pop-up camper which detached and was damaged. There was no damage to either vehicle, just the camper. My wife did not receive a ticket but the driver of the vehicle is taking us to small claims court in an effort to get money ($500) from us.

    The intersection where this occurred is a bit of a blind spot as you would not see oncoming traffic traveling down the road until they have crested the hill. Even if the driver of the vehicle was not speeding, it would be conceivable that it would look clear once moment and he could be there the next. My wife saw him braking and swerving in her rear-view mirror after she had already completed her turn. His swerving tire marks are after, not before, the intersection which could indicate an overreaction. Bottom line, there was not a collision, which might usually indicate that it was not safe to turn.

    Please let me know if there are suggestions for how to conduct our court case, what the expected outcome may be, if possible.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Taken to Small Claims Court for Accident, But Not at Fault

    The fact that it's difficult to see oncoming traffic is not a defense to your liability when you enter a road and cut off a vehicle that has right of way.

    If you have evidence that the oncoming driver was also negligent, present it to the court.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Taken to Small Claims Court for Accident, But Not at Fault

    I realize that you only requested suggestions as to how you should conduct your case... The only thing I can offer in that regards is that you should have reported this incident to your insurer.

    With that being said, here are a few points that your wife should try to avoid arguing or even bringing up as she defends herself so as to limit or try to minimize the apparent liability that she might be blamed for. While these might not directly help her case, having an answer ready for these arguments might limit her liability by some amount eventhough it might be little:
    MICHIGAN VEHICLE CODE - Act 300 of 1949
    257.53 “Right-of-way” defined.

    “Right-of-way” means the privilege of the immediate use of the highway.
    Considering the fact that your wife's presence on that roadway/highway stripped the other driver's privilege of his/her immediate/normal use of the highway, and caused him/her to have to suddenly brake thereby marking the pavement, that would suggest that she failed to yield the right of way to the other driver.

    Here are a few more pertinent sections/excerpts from the Michigan Vehicle Code:

    257.649 Right-of-way; rules; violation as civil infraction.
    (5) The driver of a vehicle traveling at an unlawful speed shall forfeit a right of way which the driver might otherwise have under this section.

    (6) Except when directed to proceed by a police officer, the driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is not a crosswalk shall stop at a clearly marked stop line; or if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After having stopped, the driver shall yield the right of way to a vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection.
    Subsection 6 will work against any argument that might help clear your wife of any liability. As for subsection 5, and in the minute chance that you can somehow prove that the other driver was driving above the speed limit, then that might work to benefit your case.

    BUT... considering the fact that there were no citations issued, the fact that the other driver was coming uphill all while towing a trailer, you'd be hard pressed to have any ability to reasonably assume that he was driving at a speed higher than the limit.

    Lastly, the fact that the other driver's vehicle did not collide with your wife's does not necessarily mean that she was not negligent by her actions. There are hundreds of drivers who get cited for failing to yield the right of way irrespective of whether a collision had occurred or not.

    Sorry I could not help you in any other way. Best of luck!

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Taken to Small Claims Court for Accident, But Not at Fault

    Based on your description that the skid marks come AFTER the intersection (I hope you have pictures) and the law specifying a vehicle "which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection", along with the fact that NO tickets were issued, indicates to me that there was "no harm, no foul". I see nothing in the law that says ANYTHING about what happens AFTER you've cleared the intersection.

    Apparently, even the officer did not think your actions constituted "failure to yield" (assuming one showed up).

    It might help to go back to the intersection and take the path of the other driver. Use a stopwatch and, travelling the speed limit, determine exactly how many seconds lapse between the point where you can clearly "see" the entire intersection, and the point where the skid marks BEGIN. If you want to really have some fun, set up a video camera looking out the windshield and show the stopwatch at the same time. Normal human reaction time is .2 to .3 seconds, so it might be interesting to know how long it took the other driver to react.

    Barry

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