Challenging an Auto accident at fault ruling tomorrow...wish me luck!

Jun 30, 2005
10,803
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outsiddah Boston
#1
So back in January I totaled my poor innocent little car in an accident at a T intersection. I was making a left and due to the location of signage and utility poles I could not see the car approaching from the left. It was obstructed for nearly 1.2 seconds by the parallel poles and a mail box....it was night time, no street lights and I never noticed this dangerous obstruction before. I took pictures, measurements...did some math etc. I think I have a reasonable case for appealing the surcharge... Anyone ever challenge a surcharge successfully? The poles really obstruct the oncoming headlights for more than a solid second so you look left and see nothing (because of a non-illuminated sign) ease forward and look right and then left again...but now the poles are blocking the oncoming headlights so you still can't see a car. It's pretty shitty and I hope i get the surcharge vacated. I ZERO instances of anything on my license in the last 20 years.

Notes.
Normal utility pole is 48" around. These poles have so much secondary crap/conduits attached to them that 1 is 58" and the other is 62"...that's a huge obstruction. In between them is a mailbox that's 18" wide...so all told they block over 5 feet of roadway which = obstructing 51 feet of roadway at the angle...

Good luck to me
 

Arch Stanton

It's all about the funny!
Nov 22, 2004
25,696
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Long Island
#3
Worth a shot. But, you are the driver, in control of the car. That is what the other side will state. I like the idea of the pictures. Speak your case clear and calmly.
 

whiskeyguy

PR representative for Drunk Whiskeyguy.
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Jan 12, 2010
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#4
I don't know how easy it is to get, but a history of accidents at that intersection would have probably helped a lot.

Good luck though.
 

Creasy Bear

gorgeousness and gorgeousity made flesh
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Mar 10, 2006
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#5
So back in January I totaled my poor innocent little car in an accident at a T intersection. I was making a left and due to the location of signage and utility poles I could not see the car approaching from the left. It was obstructed for nearly 1.2 seconds by the parallel poles and a mail box....it was night time, no street lights and I never noticed this dangerous obstruction before. I took pictures, measurements...did some math etc. I think I have a reasonable case for appealing the surcharge... Anyone ever challenge a surcharge successfully? The poles really obstruct the oncoming headlights for more than a solid second so you look left and see nothing (because of a non-illuminated sign) ease forward and look right and then left again...but now the poles are blocking the oncoming headlights so you still can't see a car. It's pretty shitty and I hope i get the surcharge vacated. I ZERO instances of anything on my license in the last 20 years.

Notes.
Normal utility pole is 48" around. These poles have so much secondary crap/conduits attached to them that 1 is 58" and the other is 62"...that's a huge obstruction. In between them is a mailbox that's 18" wide...so all told they block over 5 feet of roadway which = obstructing 51 feet of roadway at the angle...

Good luck to me
Your maths are suspect, sir. You didn't factor the airspeed velocity of an unladen swallow into your equation.
 
Jun 30, 2005
10,803
2,011
681
outsiddah Boston
#7
I have an article from the local paper where the police chief of the town ordered an officer stationed at that intersection when they had a dozen trucks a day using that road/turn for a construction project...he specifically states he wants an officer to direct traffic during busy hours...I had a 6pm accident...
 

NuttyJim

Registered User
Feb 18, 2006
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#8
Good Luck! You'll probably get fucked anyway. They'll probably get pissed off when you provide them all the information that you accumulated.
 

Creasy Bear

gorgeousness and gorgeousity made flesh
Donator
Mar 10, 2006
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#9
Good Luck! You'll probably get fucked anyway. They'll probably get pissed off when you provide them all the information that you accumulated.
Yep... he pulls out all of those measurements, triangulations and angles of declination, and they're like to go, "Get that maths crap out of my face, Pythagoras. It's you're fault. Beat it!"

Good luck to Crashy McWreckenstein anyway. Take luck, sir.
 

Haeder

South Dakota
Mar 30, 2005
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#15
Oh yeah......good luck bro.
 
Jun 30, 2005
10,803
2,011
681
outsiddah Boston
#17
It won't let you go down the street but this is the direction I was turning. The business sign obstructs the entire view left when you stop at the stop sign...it's not illuminated...then when you ease forward to look right you will align the 2 utility poles and the black mailbox all in your line of sight...and the for lease sign was also there at the time...

Here is the street view of it...




And here are a couple of pictures showing the view to the left with an approaching vehicle obstructed and then revealed....

Obstructed


Revealed



The for sale sign is gone now and that blocked even more of the road...But it was at night so the headlights were all that I could...or could not see...I have a few more pics from different angles...But look how obnoxious those poles are!
 

Foggy

I'm wasting my life here
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Dec 18, 2012
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#19
After making your points, conspicuously pat the holster where your best friend is sleeping.

Good luck, friend-o.
 

Georgie

Registered User
Jul 10, 2013
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#20
I find it hard to believe that you didn't see the ambient light of the car you collided with. The same thing happened to me in Feb with my car and it was totally my fault. Remember how they tell you look left right and then left again... well I wish I looked left again. Good luck but if you were trully at fault be a man and accept it.
 

MayrMeninoCrash

Liberal Psycopath
Dec 9, 2004
24,337
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Silverdale, WA
#23
You'd have better luck suing the real estate agent or the utility company for obstructing an intersection like that. I think your chances are slim convincing an insurance company that you didn't cause the accident.
 

gleet

What's black and white and red all over?
Jul 24, 2005
22,543
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Idaho
#24
I hope they stick you in a dank cell underneath the jail you son of a bitch.

I'm sick of the criminal element always walking free on technicalities.
 

Shootr

OOHHH, GNARLY!!!
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Dec 9, 2005
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#25
Left turn'ers are always at fault - at least in this neck o the woods