Hit a Deer on the Way Home from College Visiting

<p>On Columbus Day, we were coming home from a visit to a PA college when we struck a deer on Rt. 80 heading east. It was about 6:30 in the evening and our son was asleep in the back and I was “playing” with my portable GPS (which is how I know we were averaging between 60-65 mph.) The deer appeared in a blink of an eye - pretty much out of nowhere.</p>

<p>The hood popped open, cracked the windshield, and my husband braked - luckily we were in the right lane and were able to pull over onto the shoulder. After a couple of minutes, I gathered myself together and called 911. After about 10-15 gut-wrenching minutes with giant trucks whizzing by at 80 mph (or so it seemed) the state trooper showed up. I asked if we should call AAA and he (mistakenly) said we didn’t have to, the truck he called was AAA. That mistake caused some issues the next day when our tow truck went to pick up our car to bring it home.</p>

<p>Our car sustained a lot of damage and was not drivable. Obviously, they couldn’t take the car and leave us on the side of the road, so the officer asked the tow truck driver if he could take all three of us but it was not possible. The officer (reluctantly) took me and my son to a hotel where we met my husband, who was taken there by the tow truck driver. We were thankful that we were not hurt and grateful to have a place to spend the night. </p>

<p>About ten days later we received, by certified mail, 2 (two!!!) traffic citations. My husband was charged with reckless driving and speeding. We had our only child asleep in the back seat and he and I were having a quiet conversation - I don’t even remember what it was about but I remember giggling at something. He was in the right lane, doing the speed limit (or less) and traffic was whizzing past us in the left lane. It was not raining nor were there any issues that would have caused a driver to drive less than the speed limit. As a matter of fact, had we been driving at a lower speed limit, there would have been the very real possibility of a vehicle striking us from behind.</p>

<p>Without proof, how can these charges be justified?</p>

<p>This is literally adding insult to injury. Not only are we dealing with damage that puts the car out of commission for a month, but it was a nightmare trying to get home the next day. Unfortunately, we don’t carry credit cards and because of that were not able to lease a car, which lead to us having to spend several hundred dollars to get home the next day in addition to the costs of the overnight stay. But again, we are thankful that we were not hurt, that no other vehicles were involved and, although we regret the maiming/death of the deer, feel fortunate because it could have been so much worse.</p>

<p>Pennsylvania heads the national list of states with the most deer accidents. I hate to say this, but I can’t help but think that being out-of-state & 150 miles away makes us sitting ducks for their “cash cow” business. I wish I’d thought to call AAA first. I’ve learned my lesson.</p>

<p>I called 911 because, after such a traumatic accident, it was the first thing I thought of. I am of the belief that state troopers are there to help and protect the citizens of the United States, no matter what state they come from. To do the right thing, call 911 and to then be wrongly accused with charges that can’t be proven is an insult. I am literally beside myself at the injustice of these accusations. The idea that my husband was putting his only child, himself, his wife and others in danger by speeding and driving recklessly is preposterous. </p>

<p>My husband is pleading not guilty. The “not guilty” plea involves filling out the ticket and mailing in the whole fine so they can have that $ as collateral. He is due in court in mid-Dec.</p>

<p>A couple of hours ago, I decided to pull up my cell phone log so that I could print out the page to prove that we’d made the 911 call. Imagine my surprise to see that the 911 call was nowhere on the log. I called my cell company and they said that it should have been on the log. I checked my log, my son’s and my husband’s and - absolutely nothing!</p>

<p>I just googled how to obtain a record of the 911 call. Did a brief search and found out some preliminary info. Apparently, 911 calls are taken by a local dispatcher and the advice was to call the local police department to get the number to call and then get a court order or an attorney to submitt a request for a copy of the call.</p>

<p>My cynical self is already questioning that a record of my call has been kept. If the state police themselves have accused my husband falsely, wouldn’t they have covered their tracks by erasing all traces of my call? And how did the record on the cell phone log get erased???</p>

<p>I also found out that PA tickets an extremely high percentage of drivers involved in traffic accidents. Can it truly be possible that this is a much repeated aspect of their revenue producing activities? It is boggling my mind that this is possible.</p>

<p>I am saddened to say that my faith in the justice system has been severely shaken. </p>

<p>Any advice would be much appreciated. Thank you.</p>

<p>Wow! What a story! I’m sorry all of that happened to you. Where were you when it happened? Please let us know how everythings goes in court.</p>

<p>I think I would get a lawyer. It’s ridiculous to get a ticket in that situation. We have a lot of deer “incidents” with our company’s employees and do a lot of training on “deer safety” believe it or not. Damage from hitting deer can be extensive and it is very dangerous. ALSO- deer usually travel in pairs (or more) so if you see one by the side of the road or running in front of you, WATCH for others.<br>
Sorry you are going through this.</p>

<p>This is a total screw job. To reiterate what was stated above - GET A LAWYER! One that specializes in traffic offenses. I know it will cost money, but so will having these offenses (if found guilty) on your H’s driver’s record. Also, bring this to the attention of your insurance company. They may have experience with this type of situation.</p>

<p>As a PA resident, I know deer are hit by cars all the time. I don’t see how they can determine that he was speeding or driving recklessly. I’m sorry this has happened to you on top of having to get the car fixed, and I hope you can successfully fight the tickets.</p>

<p>A member of our family also hit a deer on Rte 80 in PA last week: going about 70, night time, the air bags deployed, etc. The car is probably totalled. (They don’t know yet.) Luckily no one was hurt, the police who responded were very kind and took them to a motel.</p>

<p>Now I’m wondering if a ticket will ensue!</p>

<p>BTW, if your car is disabled on a major highway, it is always wise to get out of the car and move to a spot farther off the road where the car will not be pushed into you if someone hits it. MANY people have been killed when their cars–fully in the breakdown lane–were plowed into by semis or other vehicles traveling at high speed. I would never stay in the car.</p>

<p>I can’t imagine that hitting a deer is prima facie evidence of reckless driving or speeding. It sounds like they write them up in hopes of you just paying it. If you have any friends who know lawyers in PA, it would be a good idea to find out if you need to involve a lawyer. Some states are very “friendly” towards lawyers and good outcomes are hard to come by without them. Virginia falls into that category. Maryland does not. I don’t know about about Pennsylvania. From a recent article </p>

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<p>Wow, I live in PA, and I’m not sure if you hit some kind of conspiracy, or (more likely) just a bad egg - or perhaps a cop who needed to make their quota. Well, I would get a lawyer if you can afford one. If not, go to the hearing and state your case. Sometimes, the cops think that you’ll just pay it and are surprised when you show up. Why didn’t that cop give you the citation on site? Do you by any chance remember his name? Is it on the ticket? I swear, if it was me, I would be trying to contact him to ask some questions. This doesn’t seem right. I’d be making calls and writing letters all over the place - chief of police, gov of PA, you name it. Make some noise!<br>
BTW, I don’t think anyone erased your call. Weird that it doesn’t show up but I don’t think it matters all that much.</p>

<p>Thanks so much for all the responses. I appreciate your thoughts.</p>

<p>My husband wants me to remove the post. :frowning: Can anyone tell me if it can be done?</p>

<p>Thanks again.</p>

<p>Only the moderators can remove the post/thread. I wouldn’t worry about it. You haven’t said anything harmful and it would be hard to identify you even if someone did a search. This isn’t a personal injury matter, so I really don’t see a concern. (I’m a lawyer)</p>

<p>That’s what I told DH. But to keep the peace, I told him I would do what I can. I’ll see if I can get in touch with a mod. What a drag - I was looking forward to great responses such as the ones I read here daily on other threads. I so rarely post. . . .</p>

<p>I agree with toneranger. It may not be worth the expense to get a lawyer. But by all means, your H should show up at the hearing and plead his case. From the facts as you describe them this does sound like a revenue/quota deal (though the police always deny they have these). The way it usually works is they pick on out-of-state motorists figuring that most of them won’t bother to show up for the hearing so the prosecution wins on a default judgment. This may be hard to collect from an out-of-state party so it ends up in the hands of a collection agency which will harass you and threaten to ruin your credit rating until you pay up. Often if you show up at the hearing, the officer who wrote the ticket won’t, and you may win that way. Sorry for all the legal headaches and inconvenience. Not to mention a smashed car.</p>

<p>I agree with MOWC - I wouldn’t worry about the post. You aren’t incriminating yourself in any way and I can’t imagine anyone would bother to figure out who you are - unless you’re in the witness protection program. </p>

<p>The reason that it might be worth your while to get a lawyer is the possible impact on your insurance premium.</p>

<p>Ditto - don’t worry about the post. </p>

<p>I think your situation is just awful and borders on mean-spirited by PA state troopers. I am so glad your husband is fighting it. </p>

<p>But I am a lawyer, and if this is traffic court, I’m not sure if I agree about getting a lawyer at this point. I always wonder if it makes you look more financially able to pay the darn ticket if you can afford a lawyer for such a matter. It could hurt to be too “lawyered up.” If it were a criminal citation, that might be different, but traffic citations are just that, and are best proven by a well-reasoned explanation by the driver with as much evidence as you can find to back it up (which you are obviously doing). Facts win the case. He just needs to tell your story. They have zero proof of your speeding OR reckless driving. Cops are just hoping you’ll pay to avoid the hassle. (Trooper issuing the tickets might not even show up in court which would likely result in a default judgment in your favor). </p>

<p>Good luck and keep your chin up!</p>

<p>really…don’t worry about the post. Authorities will not be checking here and we are all here to help…and that’s all. Good luck to you…I have a feeling that these charges will be dropped once you show up at the hearing.</p>

<p>Wow. I’ve hit three deer in the time I have been living in the Hudson Valley – it is a rite of passage – but have never received a ticket. I know for a fact I was not speeding because I generally drive 5 miles under the limit during the rutting season. Not only have I never been ticketed but I don’t know anyone else who has been either and I know at least 25 people who have hit one or more deer. Must be a Pennsylvania thing.</p>

<p>Anyway, I’m sorry about both the accident and the ticket but I’m glad no one – aside from the deer – was hurt.</p>

<p>guitarist’s mom - as a lawyer, I would normally agree with you, but there are certain jurisdictions in which you need a lawyer - even in traffic court. It is the ultimate “old boy network” and you have to pay to play. There are some speed trap counties in Virginia that just happen to coincide with the route that kids from other states take to get to the Virginia schools. If you get a ticket there, you call one of the local lawyers, the lawyer handles it, you pay the lawyer, agree to do some sort of driving education program and it’s done. If you handle it yourself, the outcome is not at all predictable. On the other hand, in Maryland, I would not recommend that a person take a lawyer into traffic court. I just think it is something worth investigating.</p>

<p>Very sorry to hear you’re going through this. I’ve never heard of someone getting a ticket for reckless driving for hitting a deer before! They can be so quick, so camoflagued, or both! I almost hit a little spike buck a few weeks ago and I was only going 25 mph. It had just turned dark and I was on a road twisting through the trees and all of a sudden, out of nowhere, this dark shape walks–not runs, WALKS–in front of me. Even with my headlights on I barely saw him in time. I jammed on the brakes and THEN he decided maybe he should run instead of sauntering across the road.</p>

<p>I just want to thank you again for your input and support. I so appreciate it and would love to keep the post on, but again, at my DH’s request I am going to ask to have it removed. He is such a private person and I am so out there! LOL</p>

<p>Maybe you can sneak back to let us know how it turns out - good luck. I’m glad everyone is okay.</p>