• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Accident, Black Ice, Faulty Suspension

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

Denise Klein

Guest
What is the name of your state? New Jersey- Ok, to make a longggg story short. Early in the morning on Dec. 8th, after working a double shift (waitressing). I stayed after work for a couple drinks. I left work. I have to go over Schooley`s Mountain(known for being terrible to drive in bad weather), I was approaching an incline and sharp turn, As I was making the turn, I noticed a huge patch of black ice, my car (92 Cadillac Eldorado, bought 3 weeks previously from a used car dealer) floated into the other lane. I over compensated the turn(accidentally) to gain control of the car and totally loss control over a few attemts of trying to regain the control. The car is totalled. I missed a telephone pole by 1 foot and I hit a tree on the passenger side. Fortunately, I am fine, not a scratch. The police were called, I was handcuffed and arrested on suspicion of DWI. I was clearly not intoxicated my breathalizer was .05 NJ law is .10. My question is, My husband and I went into a used car dealer after the car I was driving had a bad transmission, We gave the deposit on the Eldorado, there was a promisary note made, that 2 struts on the Eldorado needed replacing because of a "service ride control warning." The dealership said it would be done in a couple days. 2 weeks later the car was not repaired and they sold us the car, with one strut needing to be replaced.We have since then contacted them several times about replacing the strut. They kept telling us they ordered the wrong part. (twice over 5 weeks they ordered the wrong part), I have the car being looked at for mechanical malfunction, because there is no reason, I should not have been able to regain control of the car. Ok, now finally the question, I would like to know if you think I should see an attorney, and does the dealership have any fault in this case if, it should be that that the suspension was faulty?
I would appreciate any opinion that anyone has on this, Thank you so much for taking the time to read this also, I know it is lengthy.
I checked the message length and I have not gone over, I also have another problem if you would like to read on.
There was a bad snow storm the Thursday before. The mountain I was driving on is very windy and narrow at some points. I clearly saw the black ice as was I approaching the sharp turn. I had the accident and the police came. Before they asked me any questions, they approached me invading my personal space and sniffed my breath. Ok, No big deal. I did have a couple drinks and I worked 12 hours serving beer and wine all day. They didn`t treat me with any respect they gave me a half ass sobriety test, shining the flash light directly into my eyes and waving their fingers around like crazy. They handcuffed and arrested me. I knew I would pass the test because I didn`t drink that much. They didn`t take a statement from me. They were rude, arrogant, almost like they were getting enjoyment out of seeing me crying. I passed the breathalizer. They issued me a careless driving ticket. I asked the officer, why he was issuing me the ticket. He said, they investigated the scene, and that there wasn`t any black ice. When I told him that there was, he did not give me any reply. I am assuming a careless driving ticket means I am at fault. Sooo, My husband went back to the scene at about 9:30 the next morning, and took pictures of the sharp turn, that was completely covered with water. That early Sunday morning, when the accident happened the temperature was about 20 something, that Saturday it was 40, there was melting snow all over the road. My next question is, Should I get an attorney and fight the careless driving ticket? First, fighting it, because there was clearly black ice that evening, and secondly, if the car did have a faulty suspension? Is the accident still my fault???
:confused:
Thanks again so much for taking the time to read this, any opinion you may have is greatly appreciated.
Denise :O)
 


A

aahlee

Guest
This is EXACTLY the reason for buying a BIGGGGG car, so when the time comes, the car saves your life.

You were drinking, you knew it was dangerous, and if you were not drinking maybe you wouldnt have over compensated and wouldnt have crashed.

so a totaled car and a fine is pretty lucky in my book.
 

racer72

Senior Member
Plus you drove the car with a known defect, you cannot hold anyone else responsible. The accident is solely your fault.
 
A

aaronardo1

Guest
I would fight this in court. They were not there as the accident was happening and if other posts are saying your ability to drive was impaired by alcohol then the 1.0 needs to be changed to .5. We don't make the laws we just have to obey them. According to the law in your area you were not breaking the law. I would think however if they could tell by the accident scene evidence that you were either speeding or driving reckless that could justify the ticket. Exercise your rights and try to get that ticket dismissed. I know mentally challenged people and elderly people who should be issued tickets after accidents if thats the way they want to play the game. I'm blind in one eye maybe I'm to be ticketed since I have impaired vision. I got a drivers license. Good Luck
 
D

Denise Klein

Guest
I want to thank everyone for your opinion, Yes, I know, I was drinking, and yes, I know I was driving a faulty car, but as I stated... I was not impaired and the dealer promised me, the repairs on the car would be made. How much more responsibility should I have, after contacting the dealer several times about the repairs. I have not gotten the accident report, I was not speeding. I still haven`t decided if I am going to fight the ticket or not.
Denise :O)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top