Please help, first accident, under 18

[bluebaron1616]

What is the name of your state? PA

As I was pulling out of a shopping mall, I noticed my front windshield was starting to fog. I turned on the air conditioning and fan to defrost my windshield but the air suddenly and unexpected completely fogged up the windshield. I couldn’t see a single thing in front of me and I did not realize I was about to go through an intersection. Before I could react and slow down, I felt a grinding jolt as I hit another vehicle in the intersection, only seeing it as I hit it.

According to eyewitnesses (cops were not witnesses), the light was red at the intersection. Therefore I also received a citation for red light running.

However I want to appeal this citation because it was first unintentional, and that my view was completely obstructed. I had no idea I was even at the traffic intersection because everything got so fogged up as soon as I turned on the cold air and defroster. I also had maybe a maximum of 2 seconds during this entire event to react.

I began slowing down but did not slam on my brakes for fear of being rear-ended because there were cars behind me, but I didn't have time to do anything else.

Does anyone think this is a valid reason to dismiss a citation?

 

[racer72]

However I want to appeal this citation because it was first unintentional

It always is.

and that my view was completely obstructed.

Guess what? That is a perfect example of negligence. You should not have taken the vehicle on the road till the windshield was completely clear.

I began slowing down but did not slam on my brakes for fear of being rear-ended because there were cars behind me,

Were those cars going to follow you into the intersection against a red light? Of course not. They were all slowing down for the red light.

Does anyone think this is a valid reason to dismiss a citation?

Nope. The citation appears to be perfectly legitimate and warranted. I would suggest consulting with a local attorney, there may be ways to reduce the sting of the ticket.

 

[bluebaron1616]

...

Well, it wasn't fogging up until I was already on the road. Somehow it was fine in the parking lot and the minute it took me to pull out.

It seemed so weird, the timing of the fog.

"Were those cars going to follow you into the intersection against a red light? Of course not. They were all slowing down for the red light."

Well, I was blinded. I wasn't aware of a red light, and thus it didn't occur to me the others behind me were stopping. Plus a whole 1-2 seconds isn't a whole lot to think about what's wrong with your windshield, what's in front and behind you, and what to do next.

 

[stephenk]

I never heard of using the "I was blinded" excuse to get out of running a red light. I'm sure the driver of the car you hit will let you get out of paying for their damage with that reasoning.

 

[bluebaron1616]

...

"I never heard of using the "I was blinded" excuse to get out of running a red light. I'm sure the driver of the car you hit will let you get out of paying for their damage with that reasoning."

I'm not trying to get out of paying for his damages, I'm trying to get a lesser punishment for the citation. The accident itself is covered by my insurance anyway, I am paying for their loss, that isn't my question.

If you had been there, you would've realized that my excuse was in fact, a fact. Even the eyewitnesses there accepted what I said when they asked me what had happened in my vehicle. The conditions outside were, btw: rainy, cold.

If I had deliberately ran a red-light under those cirumstances, it would be that I really wanted to get into an accident there and then. When I hit the car, according to the eyewitnesses, the other car was already blocking the road ahead of me sideways. If I were not completely blinded, which is what I am getting at from your post, that means I would have wanted to crash my car in a way like someone wanted to deliberately hit a solid stone wall.

Now, I am not asking you to believe me, because namely it doesn't matter. I don't know you and you don't know me.

This forum's purpose is to provide advice, and in order to do that one must take whatever is posted as what actually had happened in order to provide that advice.

Please, if you do not have any constructive comments but instead rely on sarcasm and blame, don't waste your time and bandwith to post.

My only question is that does anyone know if what had transpired could get me a lesser punishment on my red light citation on the grounds of what I have stated (not what you think happened).

If someone would just answer my question, I'll be happy to hear what you guys think otherwise later.

 

[stephenk]

Here is your legal lesson for the day.

Intent does not matter on a red light violation. The fact you ran the red light is all that matters. Unless there was some extraordinary circumstance (being chased by killers) to argue, your fogged up windshield will not get your citation reduced. The counter argument would be that you should have stopped when you couldn't see or should have cleared your windshield before driving.

ask for traffic school if it is provided so your insurance won't go up for the citation. It will probably go up because of the accident, but not as much if you add a traffic ticket to the equation.

 

[bluebaron1616]

"but not as much if you add a traffic ticket to the equation."

I'm sorry, but can u clarify? I thought my rates will go even higher because of a traffic infraction that caused an accident, and therefore wouldn't a ticket increase my rates?

 

[Bravo8]

What he means is that your insurance rates will increase as a result of the claim for the accident, but they will also be increased for the citation. Couple the two together and your insurance will increase greater than it would for JUST the accident.

 

[stephenk]

if traffic school is offered, take it. the result will be that your insurance company will not use the ticket as a basis to raise your rates.

therefore, your rates will only go up a certain amount for the accident claim and not for both the accident and the ticket.