Ticketed for “driving too fast for conditions” for and accident involving a minor injury

[Sandokk]

Jurisdiction

Michigan

I've been found at fault for an accident involving minor injuries while driving my semi due to loosing control on a snowy road, causing a minor injury to the other driver. My job is currently debating wether to fire me, and just pleading guilty would not help me out too much if I have to find another job soon. Im thinking of pleading guilty with explanation by myself since I'm having trouble finding an attorney willing to pick up the case. Does anyone have any recommendations for the "with explanation" part? As this is new territory for me. Should I get a character letter, or would it not make a difference? I don't have any points on my license, although I do have another accident on my record from 2019 in my car, that I took a course for to avoid points. I suppose any potential civil suits incoming will just have to be dealt with whenever they come up.

 

[cbg]

@adjusterjack

 

[zddoodah]

I've been found at fault for an accident

Found at fault by whom?

Im thinking of pleading guilty with explanation by myself since I'm having trouble finding an attorney willing to pick up the case. Does anyone have any recommendations for the "with explanation" part?

Guilty is guilty, but what crime have you been charged with?

Should I get a character letter, or would it not make a difference?

Make a difference to whom?

You have (potentially) three separate issues here: (1) a traffic/criminal citation; (2) civil liability for the accident; and (3) your job. Regarding your job, were you driving as an employee or as an independent contractor?

 

[Sandokk]

Found at fault by whom?



Guilty is guilty, but what crime have you been charged with?



Make a difference to whom?

You have (potentially) three separate issues here: (1) a traffic/criminal citation; (2) civil liability for the accident; and (3) your job. Regarding your job, were you driving as an employee or as an independent contractor?

Found at fault by the officer on scene

I was ticketed for driving faster than conditions allow, of which I'll have to respond to that soon

i was driving as an employee in the company's vehicle.

the hope is that I can get the judge/magistrate to go easy on me. I'm not sure who I'll be talking to at the courthouse as I'm not sure how this process will go.

 

[adjusterjack]

Found at fault by the officer on scene

I was ticketed for driving faster than conditions allow, of which I'll have to respond to that soon

The citation is based on "information and belief" that was created when the officer arrived at the scene. That you had the accident creates a presumption that you were driving too fast for conditions (or failed to control) because if you had been driving slow enough you would not have had the accident. The accident itself is the evidence of cullpability.

While it is possible that you might beat the citation on a technicality, under negligence law you are still at fault because the presumption is virtually impossible to overcome. The accident itself is evidence that you were at fault.

You would have to show that the other driver, in some way, contributed fault to the accident (I don't know what that could be) but you could still be partially at fault.

You haven't said, so correct me if I am wrong. The truck's insurance is, or will be, paying for the injury and damage to the other driver. That means that the insurance claim rep has concluded that you were at fault and is not disputing same.

the hope is that I can get the judge/magistrate to go easy on me. I'm not sure who I'll be talking to at the courthouse as I'm not sure how this process will go.

Pleading guilty with an explanation is still pleading guilty and the results of the citation have nothing to do with the negligence claim against your employer's insurance.

Even if you somehow managed to beat the citation, that wouldn't change whatever decision your employer makes.

I'm having trouble finding an attorney willing to pick up the case.

If you are talking to attorneys who specialize in traffic citations and they don't want to take your money, then I'm afraid there's not much hope of beating the citation. However, feel free to call some more attorneys. Make it clear that you are offering money for their services.

 

[Sandokk]

The citation is based on "information and belief" that was created when the officer arrived at the scene. That you had the accident creates a presumption that you were driving too fast for conditions (or failed to control) because if you had been driving slow enough you would not have had the accident. The accident itself is the evidence of cullpability.

While it is possible that you might beat the citation on a technicality, under negligence law you are still at fault because the presumption is virtually impossible to overcome. The accident itself is evidence that you were at fault.

You would have to show that the other driver, in some way, contributed fault to the accident (I don't know what that could be) but you could still be partially at fault.

You haven't said, so correct me if I am wrong. The truck's insurance is, or will be, paying for the injury and damage to the other driver. That means that the insurance claim rep has concluded that you were at fault and is not disputing same.



Pleading guilty with an explanation is still pleading guilty and the results of the citation have nothing to do with the negligence claim against your employer's insurance.

Even if you somehow managed to beat the citation, that wouldn't change whatever decision your employer makes.



If you are talking to attorneys who specialize in traffic citations and they don't want to take your money, then I'm afraid there's not much hope of beating the citation. However, feel free to call some more attorneys. Make it clear that you are offering money for their services.

Yea, I realize I have little hope in beating the charge. Do you think that giving an explanation in court would help me in any circumstance? And if so, do you have any tips or resources I could use to prepare myself?

I'm regards to the insurance, I believe that they cover injuries, although that doesn't mean the other person wouldn't still be after me. To be clear, the other persons injuries only amount to minor cuts, so unless something else comes up, I don't think that by itself will make or break anything. Im trying to find the best outcome that will help me get another job if mine chooses to let me go.

 

[Sandokk]

The citation is based on "information and belief" that was created when the officer arrived at the scene. That you had the accident creates a presumption that you were driving too fast for conditions (or failed to control) because if you had been driving slow enough you would not have had the accident. The accident itself is the evidence of cullpability.

While it is possible that you might beat the citation on a technicality, under negligence law you are still at fault because the presumption is virtually impossible to overcome. The accident itself is evidence that you were at fault.

You would have to show that the other driver, in some way, contributed fault to the accident (I don't know what that could be) but you could still be partially at fault.

You haven't said, so correct me if I am wrong. The truck's insurance is, or will be, paying for the injury and damage to the other driver. That means that the insurance claim rep has concluded that you were at fault and is not disputing same.



Pleading guilty with an explanation is still pleading guilty and the results of the citation have nothing to do with the negligence claim against your employer's insurance.

Even if you somehow managed to beat the citation, that wouldn't change whatever decision your employer makes.



If you are talking to attorneys who specialize in traffic citations and they don't want to take your money, then I'm afraid there's not much hope of beating the citation. However, feel free to call some more attorneys. Make it clear that you are offering money for their services.

I will say that this happened very recently, so the company likely hasn't finished their investigation yet. I suspect they will find me at fault, as there's little chance of me disputing that I'm afraid.

 

[army judge]

the hope is that I can get the judge/magistrate to go easy on me. I'm not sure who I'll be talking to at the courthouse as I'm not sure how this process will go.

Hope springs eternal, but hope won't change the inevitable outcome you fear.

Why not meet with two or three attorneys who specialize in defending people charged with being at fault in commercial motor vehicle accidents?

Most offer prospective clients a FREE, no obligation INITIAL consultation.

Your finances and livelihood appear to be twisting in the coming storm, mate.

Help yourself, save yourself, protect your finances, start today.

You require real help, not ANONYMOUS "help" from internet entities!!!

 

[adjusterjack]

Do you think that giving an explanation in court would help me in any circumstance?

Might reduce the fine and/or points, but not the conviction.

do you have any tips or resources I could use to prepare myself?

I suppose presenting evidence of the weather and road conditions could help. But that's a two edged sword. Could also prove that the accident was avoidable had you driven slower.

I'm regards to the insurance, I believe that they cover injuries, although that doesn't mean the other person wouldn't still be after me.

It sorta does. As an employee you are defined as "an insured" on your employer's insurance. A claim against you is the same as a claim against your employer. Should you, for some reason, be served a lawsuit, you turn it over to your employer's insurance for handling.

Im trying to find the best outcome that will help me get another job if mine chooses to let me go.

No way to predict how that might go.

I will say that this happened very recently, so the company likely hasn't finished their investigation yet. I suspect they will find me at fault, as there's little chance of me disputing that I'm afraid.

Correct.

 

[zddoodah]

Found at fault by the officer on scene

OK. That's a meaningless thing since the officer presumably didn't witness the accident.

By the way, the fact of the accident creates a presumption that SOMEONE was negligent, but it might not have been you. Of course, it's possible that you made some statements that, in retrospect, you shouldn't have made.

I was ticketed for driving faster than conditions allow, of which I'll have to respond to that soon

i was driving as an employee in the company's vehicle.

the hope is that I can get the judge/magistrate to go easy on me. I'm not sure who I'll be talking to at the courthouse as I'm not sure how this process will go.

If you haven't already done so, you should report this to your auto insurance carrier, and your employer should report it to its carrier. The adjusters assigned by the two carriers should be made aware that you received a traffic ticket, and you should request input about how to handle the ticket since a guilty plea could adversely impact the insurance claims.

 

[adjusterjack]

you should report this to your auto insurance carrier,

Well, I suppose that's OK but his auto insurance won't have anything to do with it since he was driving a SEMI as an EMPLOYEE of the owner.