Get this: in one of my eariler posts, I mentioned that I was not cited. The officer informed me, at the scene of the accident, that he was not going to cite me after speaking to three witnesses. However, I just received a citation in the mail. I promptly visited the police department as soon as I could and asked why I received the citation. The citing officer told me that he later changed his mind and decided to cite me after speaking to the witnesses in more detail. I'm being cited for following too closely and travelling at an unsafe speed. Keep in mind that all of this is based on what the officer gathered from the witnesses (two, not three according to the police report) who were all behind me. The witnesses estimate that I was doing 50 mph when the posted speed limit was 45. The eyewitness' accounts, at least one of them, along with the police report also incorrectly describe the color of the Mustang that was in front of me. I'm very upset.

Now I'll answer the questions.

Nloz:
Both of my front airbags did deploy. The side airbags did not.

gordhead:
I agree with you that a little help from above kept me safe. I realized this right after accident and especially realize it now after getting a copy of the police report. The report indicates, from one of the eyewitness accounts, that the car did roll over. The car is in the bay area (east bay). I haven't heard from my insurance company yet so I don't know what the fate of the car will be.

On a funny note, as if any humor can be found in this, my worst injury was an abrasion/bruise on my left forearm which I assumed was from the airbag. I've been curious about the size and shape of the injury and how the airbag could create such a uniform and symmetrical mark on my arm. I just realized yesterday that the mark on my arm is the Infiniti logo! I've been branded by Infiniti. It reminds me of that scene in the original Indiana Jones movie where one of the **** party members gets an image of the medallion burned into the palm of his hand.

<font color=red>2003.5 Garnet Fire/Graphite G35 6MT Sedan</font color=red>
Premium Package • Navigation • Winter Package • Aero Package • 350Z intake duct • Stillen high-flow airbox

294512-Front End.jpg

 

Fireball,

While dealing with your anger, try to remember that the most important thing is that you are alright and nobody else was hurt. I can only imagine how frustrating this has been for you. Get out, exercise, keep to your daily routine, and try not to dwell on the accident.

In situations like this, it sometimes helps to get some legal advice. Your insurance company will want to settle with you quickly, they may want to terminate your policy. It's not always in your best interest to handle these negotiations alone. It all depends on your driving record, your experience with similar situations, and frankly, your state of mind. Consider getting legal advice.

Best of luck. I mean that!

Cale

04 G35X

 

Cale,

Thanks for the kind words. I am greatful that nobody else was involved and that I was not seriously hurt or killed. I am frustrated but I'm happy to be in good health, enjoying the company of my wife, and am here to see my 18-month old son's smiling face.

I'm expecting my insurance rates to increase but I hope they don't cancel my policy. This is my first traffic accident ever and my driving record only includes one speeding ticket that I received over a year ago (the first ticket I've ever received). I hope that plays in my favor.

<font color=red>2003.5 Garnet Fire/Graphite G35 6MT Sedan</font color=red>
Premium Package • Navigation • Winter Package • Aero Package • 350Z intake duct • Stillen high-flow airbox

 

Fireball,

I didn't realize how serious your situation was ... married? an 18-month old son?

I'm glad you've got the best things in life!

Lots of grins.

Cale

04 G35X

 

Fireball, I agree with calejohnson, get some legal advice. Sounds like things are stacking up badly against you now. Might be worthwhile to have someone protect your rights and go to bat for you, and to make sure you don't get 'the shaft'.

Good luck dealing with the ticket and insurance people.

<font color=red>GSM</font color=red>
<font color=red>GSM</font color=red>
<font color=black>Silverstone Coupe</font color=black>

 

Thanks for the response. I am in San Jose. I am trying to find the reclining back seats. Let me know when you get more info about the car.

Hang in there. Go easy. It will all work out in the end.

 

Those witness reports don't seem to have much credibility. How can anyone reliably estimate you were traveling 50 mph vs. 45 mph? Are they sure that it wasn't 44 mph, or maybe 47 mph?! What were their sight lines and perspective? How were they taking into account their distorted vector component of speed with your speed? Using what measuring device? How fast were they going at the time? Eyewitness accounts are notoriously poor and don't hold up on cross.

Since you did not rear-end the vehicle in front of you, you can also seriously question the "following too close" citation. Just how close did these highly reliable witnesses think you were? And what is allowed? According to that criteria? This is a terrible subjective thing for a citizen witness to estimate. My country grandmother would have a completely different opinion than a city traffic driver. If you had been cited with failure to maintain control, that would be difficult to dispute, however!

Also, are these the same witnesses who say your car rolled over? You seem uncertain that it did. From your pic, I don't see any damage to the roof line edges. (?)

I agree with the others - relax and don't get too stirred up. If there is money at stake, then definitely consult an experienced attorney (not us forum amatuers!).

<font color=blue>'04 G35S 5AT, Black Obsidian/Willow, Prem/Nav/Sat</font color=blue>

 

I say go to the court and plead not guilty to the ticket.
1) Those witnesses would have to show up in court in person to testify against you. I am not sure it is very easy to make them show up.
2) Their testimony probaly could not be used against you because they are not professionally trained to determine your speed (as police officers), their speedometers were not calibrated, blah, blah, blah.
3) Get a lawyer on this.

Another thing, your insurance company is interested in proving you are not guilty, talk to them.

2004 6MT Sedan / Desert Platinum / Willow / Sunroof

 

I am seriously thinking about contesting the citation. I'm only being cited on "following too closely" and "travelling at an unsafe speed" and they are both based on the eyewitness reports. The citation does not indicate "failure to maintain control" (kind of weird, huh?).

One of the two eyewitness accounts states that the car rolled over and I can't be sure myself (it all happened so fast). The police report, as completed by the officer, does not indicate a rollover. The roof does show damage (buckled) so I'm wondering it the car did roll over without the roof making contact with the ground.

Actually, when I spoke to the officer about my speed and how it could be estimated, he mentioned more than once that they are experts in recreating accidents (by measuring skid marks, etc) and do it all the time. I think he was trying to intimidate me.

My insurance contacted me today and said the car is a total loss. They will give me actual figures tomorrow.

<font color=red>2003.5 Garnet Fire/Graphite G35 6MT Sedan</font color=red>
Premium Package • Navigation • Winter Package • Aero Package • 350Z intake duct • Stillen high-flow airbox

 

Accident re-creation can be done well, but relying on skid marks doesn't exactly work with cars that have ABS! There generally are no skid marks caused by braking!

<font color=blue>'04 G35S 5AT, Black Obsidian/Willow, Prem/Nav/Sat</font color=blue>

 

Hey Fireball. I sent you a private message regarding your car. Glad you weren't hurt. Please respond when you can. Thanks

Teddy

Obsidian/Graphite; Premium Pkg; Aero Kit; Suspension Kit; Nav Sys; Sunroof; Clear side markers, K&N, Z tube. Next...GroundingGear