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NavyVet43

Driving to fast for conditions in MN

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I have a friend who was in a accident a couple weeks ago. The weather was horrible and it was snowing and icey out. Her car slid into the other lane on a highway after hitting a patch of ice and the two cars hit almost head on. They were both going about 40 miles an hour, Thank God both went to the hospital and were released the same night. While at the hospital the Trooper talked with the man who was in the car in the other lane, he said some things that I don't know how he knew and seemed to be false like saying she was going way to fast, looked like she was going to pass and such. The Trooper didn't talk to my friend because she was going to get a X-ray and left, when he came to talk to her at the house he basically just told her that she was being charged with "Driving to fast for condition"......So my question is how can he do that without both sides of the stories, or in Minnesota isn't there a no-fault thing when there is an accident like that? The report in the paper the next day seemed sketchy as well, it listed the man as wearing his seat belt and female passenger in the other car unknown. When I talked to my friend who is a fireman that was there who cut her out of the seat belt, so don't Troopers do an investigation of some kind, shouldn't they talk to people like the fireman about the accident? If anyone has any help with this I'd love some advice, I just don't know how you can get charged with that when first the conditions were horrible, and the Trooper wasn't there to witness the "Driving to fast for conditions" in the first place and is basically just going off of what one person in the accident said

v/r

Go Navy

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"So my question is how can he do that without both sides of the stories..."

Because he just can; asking "how" isn't really productive. Maybe both of them were going too fast for the conditions; in the end, it was evidently her car that went haywire.

"... or in Minnesota isn't there a no-fault thing when there is an accident like that?"

No.

"The report in the paper the next day seemed sketchy as well, it listed the man as wearing his seat belt and female passenger in the other car unknown."

Not sure what your point is here, but friend is free to make hay out of any injury that may have resulted from someone not wearing their belt (assuming one's required to be worn).

"... so don't Troopers do an investigation of some kind, shouldn't they talk to people like the fireman about the accident?"

You'd have to ask the state troopers about this.

When you know the weather is crappy and the road conditions are crappy, you don't go 40 mph (and that doesn't mean she can pin it on him; hers is the car that went haywire, evidently). Not saying that it wouldn't or couldn't have happened if they were both going 20, but ...

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No fault has to do with an entirely different legal concept, and wouldn't apply here. Fault has to do with negligence which is a torts concept. That's me suing you for hitting my car. This is her getting a ticket from an officer, so criminal law applies, not tort law.

Don't mistake the newspaper report for an official government document. What the newspaper said doesn't matter legally. They probably read half of a police report, talked to maybe two people and sent the story to press. The police report is the official source for the investigation by the officers.

If the person who gave her the ticket didn't see it happen, I would try to talk to the prosecutor. If she has a clean driving record, the prosecutor will likely be willing to reduce or forgive the ticket seeing as the accident alone probably taught the lesson to be careful in tough conditions. Of course, its likely not a high fine ticket, so I wouldn't hire an attorney or anything. Show up for the court date, talk to the prosecutor, roll the dice on it. It can't hurt.

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Guest FindLaw_Amir

NavyVet43 said...

o my question is how can he do that without both sides of the stories, or in Minnesota isn't there a no-fault thing when there is an accident like that?

Did you resolve this issue?

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