I am a Washington State driver that received a Montana Code 61-8-302(1) Careless Driving
. I was involved in a one vehicle motor vehicle accident, which resulted in me being issued the Notice to Appear. It states that PC: Crash, Claimed that vehicle had a brake issue, claimed deer in the roadway, stepped(ends there).
But my statement was that this vehicle, which was a Fire Dept. Emergency Response vehicle has been reported to our Mechanical Repair Shop (MRS) and our Fire Chief to have had braking issues and various other problems, but has been returned back to the department advising that they could not find a problem with the brakes. The vehicle has had a history of upon braking, the brakes lock up or at other times there are close to no brakes. I am not a certified mechanic however the employees
at MRS are. I requested two times pryor to my travel date that my Chief select a different vehicle for me to take because of the concerns with the vehicles mechanical malfunctions. I was refused my request.
At the time of the accident I saw a deer crossing the road approximately 100-75 feet in front of me, I was traveling at the posted speed limit of 60 MPH. I attempted to apply the brakes to slow the vehicle to allow safe passage of the deer, when the vehicles braking system locked up causing the vehicle to come to a sudden stop at highway speeds, which also caused the vehicle upon the sudden stop to lurch forward twice and upon the second impact cause the vehicle to enter into a rollover.
The State Trooper stated that I claim this is what happened however this is not how ABS brakes operate and what I probably did was panick and did not release the brakes and that if I had released the brakes the ABS would have reset itself or I jerked the wheel. He also stated that I claim there was a deer, however he did not see one. I advised that I didn't state that I hit the deer only that I saw it crossing down the road not that it jumped out in front of me.
I live in a rural area that has heavy deer traffic on the roadways and therefore know how to anticipate the hazard of deer crossing the roadway. In addition I have been operating Fire and EMS apparatus for 20 plus years in this area in adverse weather and driving conditions with no accidents. I feel that if it had not been for the faulty braking system this accident would not have happened. I am current on my Emergency Vehicle Accident Prevention training.
Can the information concerning the vehicles is this a defensible stand and since I am not a certified mechanic how can I be held responsible for a condition that a certified mechanic have previously stated doesn't exsist?