How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37916
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I am a Washington State driver that received a Montana Code

Resolved Question:

I am a Washington State driver that received a Montana Code 61-8-302(1)[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?
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, generally information pertaining to past history of the vehicle is NOT admissible unless relevant. Here, if the vehicle had past history, then by driving it the state can claim that you 'assumed the risk' of potential damages if you still ended up operating it. What may most definitely help here are two specific actions:

1. If you can demand and request that your company release past records of brake complaints, bring them with you as evidence of issues.

2. Likewise, consider bringing an 'expert', specifically a mechanic, with you to court and discuss the past issues.

Typically judges would give you some deference especially since this was a commercial vehicle, and an emergency vehicle at that--hence if you give a judge a good enough reason, he may justify dropping the suit.

Hope that helps.

Customer: replied 11 months ago.


Thank you for your reply, it is helpful. I very much doubt that I can bring the Expert Witness to Montana with me for court. We are both Federal employees and even with the facts of the Chief not granting my request to furnish another vehicle management has already taken the position that I am responsible.


Is a signed statement advising the vehicles mechancial history admissible. The Fire Dept perfroms regular vehicle checks which are logged and Work Order numbers are created for repars by vehicle identification.


I additionally have a signed statement from another employee who overheard me request to take another vehicle and the Chiefs inapproprite reponse. Which may as you stated cause further damage as I knew the vehicle had malfunctions and still drove it, but when your options are limited to what the Chief directs.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up.

You are most welcome, truly. This is just not a very easy situation. Your other argument may be a bit esoteric. You can claim 'respondiat superior' which is a legal term stating that your boss by sending you out for the work, is personally liable for all of your claims. This is a last ditch effort which hopefully you would not need to work if you can bring evidence of past history and explain that as a subordinate you had no choice but to operate the vehicle when your boss told you to do so.

Hope that helps.

Customer: replied 11 months ago.


It does help, as like you said "A last Ditch Effort". I hope to not have to pull that card. I at this time have not advised management of the signed statement, and you are correct in this not being an easy situation. There is a lot more at stake than just my clean driving record and insurance rating, I am to attend an At Fault Hearing in two days that will determine if I am to receive disciplinary action for the vehicle accident, which will affect my employement. I have not formally informed management of the conversation with the Chief and his reply to me, just the facts that the vehicle has been reported to MRS and the Chief to have had malfunctions.


These items will be considered depending on the outcome of the At Fault Hearing. I was informed by the Deputy Manager when I requested assistance for dealing with the state of Montana that I was responsible to deal with them as if I was driving a POV. But not formally in the At Fault, but does give me insight on managements perspective.


Our discussion gives me food for thought as if I was not already thinking of my overall defense for the unfortunate circumstance I find myself in. I do thank you and may recontact you should I have any further questions. Thank you for your professionalism.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up.

Management will always attempt to deflect, even when it may be hard to do so. Glad to provide you with some options, and you are most welcome. Should you need me again, please feel free to request me by name. Good luck and good night to you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37916
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions