Joey's Cooper Thread; Suspension Thoughts

[Joey D]

Here it is Google Earth-ed which makes it much clearer I think and gave me a better chance to draw what I was talking about.

The black square was the lady in the Trailblazer who waved me out and the blue square is the chick that hit me. Cars were backed up to my neighbour's mail box at the very least when I stopped in the lane. She hit me so I do not see how I was at fault, I couldn't have yielded to her because she was not there to yield to. I've lived in the same house for 7 years and I have been driving for almost 6 of those years if you count the amount of time I was on a permit. I know how to pull out of my driveway and have done so daily without incident until two days ago. In order to have no sideswiped any of the cars in the main lane of travel she had to have been on the shoulder of the road, therefore driving illegally. As you can see the lane does not begin until right at my driveway, which is where she should have entered at. If she would have done like she was supposed to then none of this would have happened.

I went to court today and denied responsibility for the accident, however they told me it will take six weeks just to get on the docket and it could take another six for my actual date to occur. I thought the sixth amendment of the Constitution said I had the right to a "speedy trial"? Guess not in the case of traffic accidents. I am fairly confident I will be able to win the case and get the infraction dismissed, although I would love to prove the girl at fault but without a witness I can not.

**Sorry for some reason the connection is "reset" everytime I attempt to upload a photo because Oakland University's network is the worse thing in the world. I should be out of class fairly soon and be able to post the google earth shot.

****If anyone knows a better way to host it without a reset connection or what that even means please let me know.

 

[daan]

Man up and accept responsibility. It is your fault. You were crossing 2 lanes of traffic when it was not safe to do so. It seems to me that you went when the lady stopped to let you out, but she has no authority to do that.

 

[1X83Z]

I thought the sixth amendment of the Constitution said I had the right to a "speedy trial"?

The trial itself will be speedy (loosely defined). Getting there is another story - but then again, getting to trial isn't covered under the sixth amendment. Good luck at trial - I understand your point a bit better now and it seems at least plausible you could convince a judge it's not your fault. I'm surprised the officers ticketed anyone.

 

[Danster]

Was The Crash At Altwater Street?

 

[Joey D]

Man up and accept responsibility. It is your fault. You were crossing 2 lanes of traffic when it was not safe to do so. It seems to me that you went when the lady stopped to let you out, but she has no authority to do that.

No, it is not my fault and as hard as I try to think of a reason why it was I can not. I will also not accept responsibility for some chick not paying attention.

I was fully stopped blocking the lane of traffic, which started in front of my driveway. If she would have entered the lane when it was legally able to do so she would not have been able to because my vehicle would have been blocking it. If you came upon someone who was pulling out of a fuel station and blocking a turn lane would you just plow into them because they were in your way? I would certainly hope not. When drive you have to be aware of things and this girl was not, if she had been paying attention and going the speed she claimed then she should have been able to stop with an obstacle in the road. I looked before I ever moved out of my driveway and it was clear, I had to stop to make sure traffic going the other way was clear so I didn't pull out in front of someone.

The trial itself will be speedy (loosely defined). Getting there is another story - but then again, getting to trial isn't covered under the sixth amendment. Good luck at trial - I understand your point a bit better now and it seems at least plausible you could convince a judge it's not your fault. I'm surprised the officers ticketed anyone.

Oakland County law states that an infraction will be issued at every traffic collision no matter how big or small the offense. It's lame but it's been that way for a while now according to one of the officers. I was not really aware of this. The cop did not agree with the ticket and told me to go to court. He said it was an accident and they happen, also that the girl was probably more at fault then I was due to to lack of experience but the other cops with him didn't quite see it that way. I have no idea what transpired between the officers when they were discussing the matter.

 

[Keef]

Man up and accept responsibility. It is your fault. You were crossing 2 lanes of traffic when it was not safe to do so. It seems to me that you went when the lady stopped to let you out, but she has no authority to do that.

And that's the bottom line.

EDIT: Joey, you crossed the street through oncoming traffic. It does not matter where this girl was; as a matter of fact, it wouldn't matter who hit you at all. Courtesy does not overpower the law. The lady who let you out was wrong to do so because that opened up a lovely opportunity for an unsuspecting Joey to get himself in trouble, and you did. If a person was staring right at you, conversing with you, and bumped intoyour car in that situation it would be your fault because you crossed the street when it wasn't safe. It seems like you don't understand what "right of way" means.

I was fully stopped blocking the lane of traffic...

Ya don't say?

If she would have entered the lane when it was legally able to do so she would not have been able to because my vehicle would have been blocking it.

There is a white line on the right edge of every road for a reason. You're allowed to cross it. She could make up the excuse that she was pulling off the side for an emergency and it would still be your fault.

If you came upon someone who was pulling out of a fuel station and blocking a turn lane would you just plow into them because they were in your way?

You certainly could get away with that if you put up a good front to the police officer. It would be the fueler's fault for blocking your right of way.

I would certainly hope not.

We should all hope and pray and love each other because we're all brothers, man. Peace, man. Who needs laws when you have love.

When drive you have to be aware of things and this girl was not, if she had been paying attention and going the speed she claimed then she should have been able to stop with an obstacle in the road.

If all other arguments should fail, I'll say that there's no way to prove whether or not she was paying attention. But there is a way to prove that you pulled out in front of her, seeing as...you know...your car was pulled out in front of her.

 

[Danster]

Joey D? Are you even reading my posts?
Was the crash at altwater street?

 

[Joey D]

Joey D? Are you even reading my posts?
Was the crash at altwater street?

No, I don't even know where or what that is.

And that's the bottom line.

No the bottom line is no matter how inexperienced you are, if you are teenage girl and act sad you can get out of ANYTHING. 17 year old girl + mobile phone + new car + in a hurry to go to school = increased risk on the road as far as I'm concerned. By looking at her and her mom they gave me the vibe that they were not only rich but that money meant nothing to them. Maybe they are the nicest people in the world but I will never know, they won't be getting any holiday cards from me.

 

[land sea air]

I see where Joey is coming from on this one, first off he was already in the turn lane (is the turn lane even complete??) leaving his drive way. He was already stopped when someone in the traffic lane stopped to let him in to the main traffic lane. She hit him before he had a chance to move... Is this correct Joey? Also Danster wtf??

 

[Danster]

Wait a minute, are you in the lake orion near detroit?

 

[Joey D]

I see where Joey is coming from on this one, first off he was already in the turn lane (is the turn lane even complete??) leaving his drive way. He was already stopped when someone in the traffic lane stopped to let him in to the main traffic lane. She hit him before he had a chance to move... Is this correct Joey? Also Danster wtf??

That is correct, you pretty much hit the nail on the head with this one. If I would have been moving like the girl claimed then I would have had a longer strip of damage down my really short car.

Wait a minute, are you in the lake orion near detroit?

Yes.

 

[Keef]

I'll move my extensive edit down here...

I was fully stopped blocking the lane of traffic...

Ya don't say?

If she would have entered the lane when it was legally able to do so she would not have been able to because my vehicle would have been blocking it.

There is a white line on the right edge of every road for a reason. You're allowed to cross it. She could make up the excuse that she was pulling off the side for an emergency and it would still be your fault.

If you came upon someone who was pulling out of a fuel station and blocking a turn lane would you just plow into them because they were in your way?

You certainly could get away with that if you put up a good front to the police officer. It would be the fueler's fault for blocking your right of way.

I would certainly hope not.

We should all hope and pray and love each other because we're all brothers, man. Peace, man. Who needs laws when you have love.

When drive you have to be aware of things and this girl was not, if she had been paying attention and going the speed she claimed then she should have been able to stop with an obstacle in the road.

If all other arguments should fail, I'll say that there's no way to prove whether or not she was paying attention. But there is a way to prove that you pulled out in front of her, seeing as...you know...your car was pulled out in front of her.

Now off to work.

 

[Joey D]

Keef you aren't listening to a word I have said, I did not pull out in front of her, I was already in the lane pulled out of my driveway before she even entered my field of vision.

In the state of Michigan it is illegal to drive on any shoulder, although there really isn't a shoulder. It's a small white line with grass on the other side, which happens to be my pseudo-lawn (you know the strip of grass between the sidewalk and the road that isn't mine but I have to mow it anyways?). If she was on the shoulder then she was passing in an area where she shouldn't have, which is a ticketed offense in this state.

If someone is blocking your right of way that does not give you means to hit them. I've known people who have driven through green lights and hit someone running a red light and they got the ticket for going when the intersection wasn't clear.

 

[daan]

No, it is not my fault and as hard as I try to think of a reason why it was I can not. I will also not accept responsibility for some chick not paying attention.

I was fully stopped blocking the lane of traffic, which started in front of my driveway. If she would have entered the lane when it was legally able to do so she would not have been able to because my vehicle would have been blocking it.

The question is, "Who has right of way?" You did not. She did.

If you came upon someone who was pulling out of a fuel station and blocking a turn lane would you just plow into them because they were in your way?

No, but if I did, I would have right of way, and it would be their fault.

 

[Joey D]

The question is, "Who has right of way?" You did not. She did.

Actually the lady who let me out in the Trailblazer had the right of way because she was on the road and not on the shoulder passing traffic...which I have said is illegal in Michigan. The girl wouldn't have had the right way until the centre of my driveway and since my car was there she had to have been traveling illegally before she hit me. I shouldn't have to give way to someone pulling an illegal and dangerous move.

No, but if I did, I would have right of way, and it would be their fault.

If the car was already stopped it should be your fault for not paying attention and giving yourself enough time to recognise threats. If people paid attention and didn't drive where they weren't supposed to there wouldn't be an issue.

 

[land sea air]

If I'm not mistaken the point Joey is trying to make is that although there was space for a car to be where she was, there's a good chance a judge will see it his way since by the looks of his drawing the turn lane hadn't actually begun yet, she was in a sort of "no-man's land" where the road had widened to allow for the turn lane, but there were no dotted lines yet to say "you can get over and turn now". Another thing I was hoping you could clarify Joey is whether or not the turn lane is even finished yet (paved, painted and marked) because if not then she was plain old driving off the road and should have gotten a ticket on the spot...

 

[opelgt1969]

Joey If you T-boned a car that was sitting sideways in the road stopped would it be your fault; no they would get a ticket for blocking the road that is the reason you got a ticket you can't block the road if she would have hit you in the rearend of your car she would have gotten the ticket. In other words you were illegally "parked" blocking the right of way.

 

[Joey D]

If I'm not mistaken the point Joey is trying to make is that although there was space for a car to be where she was, there's a good chance a judge will see it his way since by the looks of his drawing the turn lane hadn't actually begun yet, she was in a sort of "no-man's land" where the road had widened to allow for the turn lane, but there were no dotted lines yet to say "you can get over and turn now". Another thing I was hoping you could clarify Joey is whether or not the turn lane is even finished yet (paved, painted and marked) because if not then she was plain old driving off the road and should have gotten a ticket on the spot...

Yup the lane is finished, I live on Silverbell which is a fairly old road considering the area and it was paved many moons ago. It is quite clear where you should get into the lane at since 99.9% of everyone else driving past my home as never had an issue with running into me and I do the same thing every single morning, as do my parents, as do anyone leaving my house.

She had to have been off the road or she would have clipped the car sitting behind the Trailblazer as far as I can tell, maybe Passats are just really skinny, I don't know.

Joey If you T-boned a car that was sitting sideways in the road stopped would it be your fault; no they would get a ticket for blocking the road that is the reason you got a ticket you can't block the road if she would have hit you in the rearend of your car she would have gotten the ticket. In other words you were illegally "parked" blocking the right of way.

If I did it I would be in the wrong because I would have not been paying attention. I wouldn't be making a case of it if the roles where switched.

And by that definition there is no way I should have gotten a "failure to yield" infraction, I should have gotten an "impeding traffic", which could be seen as what I was doing even though there shouldn't have been any traffic to impede. Failure to yield is like $180 or something and 2 points where a impeding traffic is $100 and no points.

 

[land sea air]

the difference being that you weren't moving, which is what you need to prove if it comes to it. If she was in the turn lane before it began (which is what it looks like) then you may have a case...

 

[Joey D]

the difference being that you weren't moving, which is what you need to prove if it comes to it. If she was in the turn lane before it began (which is what it looks like) then you may have a case...

It will be hard to prove, I know MINI has an on board computer that records engine speed but it does not give a time stamp on it (this is per guys on a MINI forum, I shouldn't say this like I know for a fact). I wish the girl would have backed up sooner so I could have gotten out and gotten a witness or that the world wasn't in such a huge hurry so that someone would have stopped to see if we were alright.

 

[mustangGT90210]

You got so lucky on body damage for being T-boned at 40. I got hit while turning into a neighborhood. I was doin 30, he was doin 65.

bout the same speed difference but the 'Stang got WAYY more damage.

Lucky you.
(Lucky as you can be with an accident I guess)

 

[Joey D]

You got so lucky on body damage for being T-boned at 40. I got hit while turning into a neighborhood. I was doin 30, he was doin 65.

bout the same speed difference but the 'Stang got WAYY more damage.

Lucky you.
(Lucky as you can be with an accident I guess)

I am iffy on the 40, the girl might have been going 40 and that is what the cop told me but it is suspect. As I've said I am waiting for the police reports final word.

I also forgot to mention I made a doctors appointment for Monday. My left shoulder and arm, as well as my neck and back are still hurting more then I think they should. I just think I'm bruised or something, but it is probably best I get looked at by a professional to make sure and everyone keeps tell me that I should for my own safety. I typically dislike going to the doctors but I suppose for my well being I guess I should.

 

[mustangGT90210]

I am iffy on the 40, the girl might have been going 40 and that is what the cop told me but it is suspect. As I've said I am waiting for the police reports final word.

I also forgot to mention I made a doctors appointment for Monday. My left shoulder and arm, as well as my neck and back are still hurting more then I think they should. I just think I'm bruised or something, but it is probably best I get looked at by a professional to make sure and everyone keeps tell me that I should for my own safety. I typically dislike going to the doctors but I suppose for my well being I guess I should.

Probly a good idea. What woulda killed me in that situation would be that you could just watch her coming at you.

With me, the guy came out of nowhere.

 

[Joey D]

Probly a good idea. What woulda killed me in that situation would be that you could just watch her coming at you.

With me, the guy came out of nowhere.

No I seriously looked again to wave thank you to the lady who let me out when I seen a big VW badge about 2 feet from my car. As I've said, the verbatim words out of my mouth were "Oh $@#% Volkswagen". Which some find funny .

 

[mustangGT90210]

No I seriously looked again to wave thank you to the lady who let me out when I seen a big VW badge about 2 feet from my car. As I've said, the verbatim words out of my mouth were "Oh $@#% Volkswagen". Which some find funny .

Das Auto. Es hat eine gute.

Lol. Had I seen who was comin for me, it woulda been something like "OMG MERCURY!"

So much less cool.

 

[Philly]

I am iffy on the 40, the girl might have been going 40 and that is what the cop told me but it is suspect. As I've said I am waiting for the police reports final word.

What's the speed limit in the area? Maybe you could get her for being unsafe going over the speed limit.

 

[Joey D]

What's the speed limit in the area? Maybe you could get her for being unsafe going over the speed limit.

50 near my house, 55 further down the road. However during the morning rush hour you are hard pressed to get about 40-45.

 

[ROAD_DOGG33J]

This thread is bad luck, I almost t-boned someone yesterday.

 

[mustangGT90210]

This thread is bad luck, I almost t-boned someone yesterday.

But hey, at least it would have been their fault?

 

[ROAD_DOGG33J]

But hey, at least it would have been their fault?

Indeed it would have, but I have a feeling my insurance would have went up too.