So, yesterday my girlfriend and I are coming back from an amazing ski trip on Pico in Vermont. We stop by her parents' place to drop off her snowboard and pick up a few things we had left there on the way up, and then head back down to Boston.
In case you don't know, some municipalities in VT obviously don't believe in paving their roads, so I'm driving on this sketchy dirt road. Everything is fine, until all of a sudden as I'm taking a curve, I fishtail. I end up hitting a phone poll - airbags deploy - and my car winds up in the river 15 feet below.
By some miracle, my girlfriend's phone has a sliver of reception. We call 911, they dispatch everybody. 2 hours later my car is out of the river, and I'm standing there with a $214 ticket for "unreasonable and imprudent speed for conditions and hazards (ice)," which is total bullshit because the posted speed limit is 35, and I was going 30. Also, the road wasn't sanded. I just didn't see that the fuckin' road was icy. The paramedics couldn't believe the cop gave me a ticket. They were pissed (most everybody who showed up to check on us, and my car knew my girlfriend, or at least her family). All of my girlfriend's relatives suggested I sue the town for not sanding the road. We've got pictures of the "obviously hasn't been sanded in a while" ice.
To top it off, now my phone (Galaxy Nexus) is acting up. It doesn't recognize when the charger's plugged in. After a quick google search it appears as though a bunch of people have this issue? So, I'm going to have to deal with that too (I need my phone to continue working on the insurance 3-ring circus that's about to begin starting at 9am, and also you know, for the job hunt).
Oh, and I've also got to get in touch with my landlord because my dryer's dead. Again.
But, I got a cup of coffee, a reliable internet connection, cell reception (both my phone and my girlfriend's phone in case mine dies before I finish doing what I need to do), and I'm up well before business hours. Today, I'm-a get some.
I drove my car into a river...
Started by
Speckta
, Feb 06 2012 12:26 PM
59 replies to this topic
#6
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Posted 06 February 2012 - 01:28 PM
Glad you are ok. The cop can issue the ticket even if you were doing 30 in a 35 zone. Prudent for ice would have been around 20. Good luck with suing the town. I'm thinking that after last years floods, they were just enhancing their revenue. Judge is likely to side on the officers side...
#10
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Posted 06 February 2012 - 01:47 PM
Prudent for ice would have been around 20.
I'm an out of towner that wasn't aware the road even got icey; I didn't see any indications of ice, and I'm pretty sure the town was supposed to sand the road...
Wouldn't that give me "a reasonable expectation" that I was trying to be prudent by driving at 30 miles an hour?
Or is it all over-ruled by "ignorance of the laws / conditions don't trump the fact you broke the laws / weren't driving at a proper speed?
#14
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Posted 06 February 2012 - 02:49 PM
unfortunately if the road isnt paved it may not be one they usually even sand.
When we go up to our share house in VT there is a whole section of unpaved road to the house they dont plow or sand the residents do it.
For some reason they dont have to.
Glad your okay....sorry about the car.
When we go up to our share house in VT there is a whole section of unpaved road to the house they dont plow or sand the residents do it.
For some reason they dont have to.
Glad your okay....sorry about the car.
#19
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Posted 06 February 2012 - 03:50 PM
This pretty much sums it up. The posted speed limit is the max allowed under perfect road conditions. You are responsible for making sure you drive safely no matter what the conditions. I know this because I hit an ice patch years ago and ended up rolling my car over a couple of times into someone's front yard.Glad you are ok. The cop can issue the ticket even if you were doing 30 in a 35 zone. Prudent for ice would have been around 20. Good luck with suing the town. I'm thinking that after last years floods, they were just enhancing their revenue. Judge is likely to side on the officers side...
Good to see no injuries
#20
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Posted 06 February 2012 - 03:52 PM
too soon?
glad ya'll are safe
The places I hang out in VT - only the main roads are paved.... all else is dirt roads.
edit
In fact, this reminds me of the time the Fin and I went Skiing @ Jay Peak.... it was PURE BLACK ICE almost all the way home.... try driving 100 plus miles at 11 miles an hour with a wicked hangover and hot blonde gob... welll anyway, it can get rough up there in cold months
glad ya'll are safe
The places I hang out in VT - only the main roads are paved.... all else is dirt roads.
edit
In fact, this reminds me of the time the Fin and I went Skiing @ Jay Peak.... it was PURE BLACK ICE almost all the way home.... try driving 100 plus miles at 11 miles an hour with a wicked hangover and hot blonde gob... welll anyway, it can get rough up there in cold months
#27
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- VibeGuide
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VibeGuide
Posted 06 February 2012 - 04:48 PM
This pretty much sums it up. The posted speed limit is the max allowed under perfect road conditions. You are responsible for making sure you drive safely no matter what the conditions. I know this because I hit an ice patch years ago and ended up rolling my car over a couple of times into someone's front yard.
Good to see no injuries
Yep
Proper equipment for winter driving conditions is also prudent. That is why you hear those from the North discussing snow tires and whether they have gotten them put on yet every year.
#29
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Posted 06 February 2012 - 04:51 PM
.. I didn't take #1's... Though both my phone and my gf's could've....
The river wasn't deep and we landed on some rocks (I think only the front end and the tires were actually in water).
And, I thought about titling this thread something like "I might have a future in the Italian cruise-ship industry..."
Beany, it's a $300 phone I bought in December. It helps keep me connected to the world in all sorts of ways. Living in Boston I can make due living without a car for a while.. but without a phone? How would the insurance people call me? Prospective employers?
The river wasn't deep and we landed on some rocks (I think only the front end and the tires were actually in water).
And, I thought about titling this thread something like "I might have a future in the Italian cruise-ship industry..."
Beany, it's a $300 phone I bought in December. It helps keep me connected to the world in all sorts of ways. Living in Boston I can make due living without a car for a while.. but without a phone? How would the insurance people call me? Prospective employers?
#30
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Posted 06 February 2012 - 04:55 PM
Yep
Proper equipment for winter driving conditions is also prudent. That is why you hear those from the North discussing snow tires and whether they have gotten them put on yet every year.
Well damn it. I'm going to fight it (it's also 2 points on my license otherwise).
My case is essentially that I wasn't behaving in an unreasonable manner.
#34
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Posted 06 February 2012 - 05:23 PM
be wary of the same bullshit the cellphone company used on me recently "the fact that your cell phone was used in of itself is sufficient proof that you authorized its use"
They MAY say: "The fact that you slid off the road while driving is evidence enough that you did not exercise reasonable or prudent speed, sir"
They MAY say: "The fact that you slid off the road while driving is evidence enough that you did not exercise reasonable or prudent speed, sir"
#36
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- LocationAbove The Waves
Posted 06 February 2012 - 06:20 PM
Everybody's fine.
I've been to every Vibes in that car, man... It served me well... Now I'm getting ready to start making some serious phone calls starting in about a half hour.
You need to follow the gregoir rule for destroying cars. If your going to destroy a car make sure it is not your own.
Glad you are OK:smile: when I hit a phone pole they electric company sent me a bill for 50K and I wonder why my insurance dropped me:lol:
#37
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Posted 06 February 2012 - 06:23 PM
They MAY say: "The fact that you slid off the road while driving is evidence enough that you did not exercise reasonable or prudent speed, sir"
And they would be right. I'd pay the fine and take the points and call it a lesson learned about dirt roads in the winter.
#38
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Posted 06 February 2012 - 06:26 PM
When I got in my accident I got tickets for Excessive speed, driving on the wrong side of the road and something else that I do not remember. I had a lawyer file a motion for me to contest the tickets. It cost me 250 bucks. Instead of six points and a pile of fines. I got it knocked down to $150 ticket and no points for illegally parking on the highway.
#40
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Posted 06 February 2012 - 08:23 PM
They MAY say: "The fact that you slid off the road while driving is evidence enough that you did not exercise reasonable or prudent speed, sir"
Essentially what the trooper said... But he didn't say "reasonable." I think "reasonable" allows for some leeway. "the burden of proof is on the state" and the state trooper can't really prove anything. I think it's very possible to veer off the road while not acting in an "unreasonable and imprudent manner."
I wasn't going 60 with my ass hanging out of the window... Even if I were, he'd have a hell of time proving that.
#41
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Posted 06 February 2012 - 08:28 PM
And they would be right. I'd pay the fine and take the points and call it a lesson learned about dirt roads in the winter.
If it was just a fine, I'd pay it, but I'm not taking points on my license because some asshole state trooper was bothered on superbowl sunday. Fuck him. I'll see him in court.
#43
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Posted 06 February 2012 - 09:27 PM
I wasn't going 60 with my ass hanging out of the window....
Not that there's anything, you know... wrong with that per se.
even for a dog.
this picture originally was a dog with his ass out a truck window. It seems to rotate. oh well.
#44
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Posted 06 February 2012 - 10:14 PM
Glad you are okay
Many, many, many dirt roads in Vermont see little to no sanding in the winter time. I don't think you can fault the town for that.
As others have mentioned, I'd pay the fine and move on. Sucks, but it sounds to me like going to court would only prolong your aggravation.
Many, many, many dirt roads in Vermont see little to no sanding in the winter time. I don't think you can fault the town for that.
As others have mentioned, I'd pay the fine and move on. Sucks, but it sounds to me like going to court would only prolong your aggravation.
#46
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Posted 06 February 2012 - 10:33 PM
Glad you are okay
Many, many, many dirt roads in Vermont see little to no sanding in the winter time. I don't think you can fault the town for that.
As others have mentioned, I'd pay the fine and move on. Sucks, but it sounds to me like going to court would only prolong your aggravation.
Ditto.
Glad you're ok, but you shouldn't ever have any expectations that the roads are going to be sanded and safe in VT during the winter. They do their best on major roads, but it's always "travel at your own risk" - especially unpaved roads...
#47
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Posted 06 February 2012 - 11:40 PM
I wasn't really planning on suing the town, I was just relaying what some locals had suggested.
It happened 2.5 hours away from Boston (about 15 minutes from my girlfriend's parents house, so it wasn't all that bad).
If it was just a fine, I'd pay it, but I'm not going to have 2 points shoved up my ass without at least showing up in court.
It was a bright sunshiny day. It hadn't snowed in days. I didn't see any ice on the road. There was no snow on the road. I didn't see a sign anywhere that said "hey, tourist... This summbith be getting icey and shit."
I'm supposed to drive 20 throughout Vermont because this primitive state hasn't developed the same road technology the fuckin' Romans had?
Another point to my argument is that if I had been driving in an unreasonable manner, I probably wouldn't be sitting here having this argument... Because I'd probably still be in that fuckin' river...
It happened 2.5 hours away from Boston (about 15 minutes from my girlfriend's parents house, so it wasn't all that bad).
If it was just a fine, I'd pay it, but I'm not going to have 2 points shoved up my ass without at least showing up in court.
It was a bright sunshiny day. It hadn't snowed in days. I didn't see any ice on the road. There was no snow on the road. I didn't see a sign anywhere that said "hey, tourist... This summbith be getting icey and shit."
I'm supposed to drive 20 throughout Vermont because this primitive state hasn't developed the same road technology the fuckin' Romans had?
Another point to my argument is that if I had been driving in an unreasonable manner, I probably wouldn't be sitting here having this argument... Because I'd probably still be in that fuckin' river...
#50
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Posted 07 February 2012 - 02:36 AM
"Reasonable" would have been > slipped on icy spot and ended up kinda sideways on the shoulder.
I want to modify my previous estimation of safe down to 16.
You could plead with the judge claiming poverty or something like it (2 points) would be harmful to your employment or sumptin....
Ya hit a pole and ended up in a river.
On a completely different subject....I'm trying to sell my great car....
I want to modify my previous estimation of safe down to 16.
You could plead with the judge claiming poverty or something like it (2 points) would be harmful to your employment or sumptin....
Ya hit a pole and ended up in a river.
On a completely different subject....I'm trying to sell my great car....
