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Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 17
Registered: 06-2003
Posted on Friday, September 05, 2003 - 05:20 pm:   Edit Post Delete Post Print Post

I bought 1995 d1 about a week ago and it came with both the ABS and SRS lights on. I was told they were just bad sensors, but today I found of differently. I was driving home from school and went to stop as a woman in front of me was turning left, but my brakes didn't work and like a freight train going down hill, I just kept going. I tried to swerve out of the way and ended up just clipping her rear end. I finally got the car to stop by flooring the breaks and shifting into park. When I tried to stop, the brakes pulsated like the ABS was on, but they didn't actually grip tand stop, they just kept pulsating.

I tried to explain all this to the police officer, but didn't seem to care, he wrote me up for "Following too closely resulting in an accident"

I'm only 17 and this would be my second point offense, so I stand to lose my license, unless I get the charges dismissed. The tow truck driver after getting the Rover off the truck told my dad that he noticed the brakes pulsating and working incorrectly after backing it off the flatbed, so I have atleast one person to attest to the problem, I also have a witness who was in the car and saw the whole thing unfold.

My question is, if I have a Rover mechanic check of the brake system and sign an affadavit noting the problem, should I be able to get out of losing my license? Anyone know a good mechanic in Charlottesville, VA. Oh yeah, the custom front bumper/brushgard is a little bent, but fine, but the passenger side fender and head light are pretty bad. Being as its such a big ass bumper, the 1990 Volvo SW had no chance it's probably totalled.

If they do replace the custom bumper, would they give me the money for it, or would they give me a factory bumper?

Thanks,

Matt

Matt
 

Peter Matusov (Pmatusov)
Senior Member
Username: Pmatusov

Post Number: 1054
Registered: 09-2002
Posted on Friday, September 05, 2003 - 05:31 pm:   Edit Post Delete Post Print Post

was the brake pedal stiff or spongy when it happened?
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 18
Registered: 06-2003
Posted on Friday, September 05, 2003 - 05:34 pm:   Edit Post Delete Post Print Post

It was soft and vibrating really really fast.

Matt
 

Brian O'Connor (Hooky)
New Member
Username: Hooky

Post Number: 4
Registered: 09-2003
Posted on Friday, September 05, 2003 - 05:36 pm:   Edit Post Delete Post Print Post

Yep a bad ABS sensor! Mine were doing the same a while ago. here in lies the problem, the sensor is misreading your wheel speed causing your disco's little brain troubles making it think all kinds of things are going on, other than what is really happening, and makes for an interesting drive..err ah stopping. Most of the time your brakes were fine right? Sorry you had to use the volvo to slow down, be thankful, it could have been worse. I may be able to help you out with a front bumper and LR brush bar in the near future, but get your sensors replaced ASAP.

take care
B
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 19
Registered: 06-2003
Posted on Friday, September 05, 2003 - 05:41 pm:   Edit Post Delete Post Print Post

It's at the body shop, now and the insurance is taking care of all that, I guess I'll have to buy the sensor. What about the law, am I liable since I knew the light was on?

-Matt
 

Brian O'Connor (Hooky)
New Member
Username: Hooky

Post Number: 5
Registered: 09-2003
Posted on Friday, September 05, 2003 - 05:47 pm:   Edit Post Delete Post Print Post

Being a fully qualified "barraks lawyer", I'd have to say yes Matt. I know replaceing ABS senors can get spendy but the alternative...

I had to suffer though with mine for about a month, most of the time fine, but once in a while I'd get some tightness in the chest if you know what I mean. After a close call I adjusted my distance until I could get it taken care of.
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 20
Registered: 06-2003
Posted on Friday, September 05, 2003 - 05:53 pm:   Edit Post Delete Post Print Post

I had only had the truck for 5 days and I had never really had such a problem, the guy I bought it from said that his son wired up the foglights incorrectly and that triggered a short in the ABS and SRS sensor that just caused them to go on, I had no idea something so bad could occur.

And now that I think of it, the brakes weren't really soft or hard, they were just vibrating and there was nothing my foot would do to help it at all.

-Matt
 

Brian O'Connor (Hooky)
New Member
Username: Hooky

Post Number: 6
Registered: 09-2003
Posted on Friday, September 05, 2003 - 07:00 pm:   Edit Post Delete Post Print Post

yep, when my front ABS sensors were bad that is what would happen when the system would get freaked out it was like "hyper ABS". The truck would slow, but it wasn't going to stop proper, or even like when the ABS was really working. Same sounds, but the pedal feel is truely bizzare. It's all about the computer trying to make calculations with terribly bad information. Be thankful you were not hurt, I'm trusting the volvo owner is okay too. Hope you can get your Disco back on the road without too much trouble.

B
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 21
Registered: 06-2003
Posted on Friday, September 05, 2003 - 07:05 pm:   Edit Post Delete Post Print Post

Getting my car on the road shouldn't be a problem, but if the law has anything to say in it, getting myself might.

Matt
 

Dave Thomas (Davet)
New Member
Username: Davet

Post Number: 6
Registered: 09-2003
Posted on Friday, September 05, 2003 - 07:12 pm:   Edit Post Delete Post Print Post

When we got our Disco I almost hit someone from a bad ABS sensor. I disconected the ABS and have been happy ever since!

As for the law, you hit someone from behind, its your fault...period.

 

Scott Hayes (Scott_h)
Member
Username: Scott_h

Post Number: 67
Registered: 02-2002
Posted on Friday, September 05, 2003 - 07:13 pm:   Edit Post Delete Post Print Post

I have had these damn things go bad before, I finally disconnected all the fuses to the ABS, and now have normal brakes that dont freak out.

I was tired of spending the cash to replace a part that shouldnt fail in the first place!
 

Brian O'Connor (Hooky)
New Member
Username: Hooky

Post Number: 7
Registered: 09-2003
Posted on Friday, September 05, 2003 - 07:13 pm:   Edit Post Delete Post Print Post

I think Homer Simpson has the perfect quote "DOH!"
:-)
cross your fingers Matt. With luck you'll soon be having good Rover Adventures.

B
 

Justin (Vanroth)
Member
Username: Vanroth

Post Number: 86
Registered: 02-2003
Posted on Friday, September 05, 2003 - 08:00 pm:   Edit Post Delete Post Print Post

Get a mechanic to look at it and certify that the bad ABS sensor caused the accident. Dave is right, it will still be your fault. However you could get the ticket reduced to "improper equipment". My advice is, if your license is on the line, get a lawyer... The $300 bucks (or whatever) it will cost you will go a long way.

-justin
 

Peter Matusov (Pmatusov)
Senior Member
Username: Pmatusov

Post Number: 1056
Registered: 09-2002
Posted on Friday, September 05, 2003 - 08:01 pm:   Edit Post Delete Post Print Post

Brian,

ABS light being ON does not necessarily mean bad brakes. For instance, simply pulling the ABS fuse from under the dash renders ABS inoperative, but the brake action is very good. From what I gather, Matt has driven for some while with this light on with no adverse effects, but then another fault appeared causing ABS computer to activate the valve body and effectively disabling brakes.

The meaning of ABS light being ON is that "something's wrong with ABS," and it can hardly be interpreted as whether it is safe or not to drive the vehicle.

Peter
 

Porter Mann (Porter)
Member
Username: Porter

Post Number: 42
Registered: 05-2003
Posted on Friday, September 05, 2003 - 08:13 pm:   Edit Post Delete Post Print Post

All things aside, remember that ABS does not help you stop the vehicle. ABS pulses the brake to allow you to steer while slowing down by avoiding wheel lockup. In actuality, ABS increases your stopping distance due to the brake-release-brake-release action of the ABS system. ABS can be activated if any one wheel stops rotating while the other wheeles are moving.

Also, ABS is not activated if the wheeles are not rotating. For example, if you decide to go up an incline that's really muddy. You decide to jam on the brakes halfway up, ABS will not kick in as you slide backwards if all the wheels are moving.

You have a few things against you at this point: your age, your previous accident history, the type of accident (the fact that you ran into someone) and the fact that the ABS and SRS lights were on. I've been in the same boat.

In the end, I would talk to a lawyer if possible. They're going to be your best bet. They'll let you know more in detail about what you are liable for and what might be excusible. Find out about the ABS system, if its a bad sensor - does that mean that all braking power is non-existant or was there something else wrong in addition to the ABS and SRS being damaged. You said that it wouldn't stop at all, meaning there was no braking at all, is this something that a bad ABS can cause? Where there other factors outside of your control that could have aided in the accident, oil on the ground causing slickness, or rain after long periods of sunshine, new asphalt can be oily and slick. When I got into my accident, these were all factors that the police looked at and held me not accountable - so I didn't get a ticket, but it didn't protect me from a civil case.

If the replacement custom bumper is cheaper then the factory one, which is the case sometimes - then generally they'll put on the custom one. My experience in the past required me to replace a ton of stuff. They told me they have to replace the bumper and airbag system, since by law its a safety item and they didn't want to be held liable if I got into another accident and the bumper/airbag system didn't protect me due to possible previous damage. It makes sense, but then again - it makes them a lot of money.

Depending on the insurance company, some will write you a check, and have you deal with all the logistics, while others will deal with the repair shop directly. Either way, what's cheaper for the insurance company generally goes.

There may be a bigger problem. When I got into my accident, the guy I hit sued me almost a year after the accident. The statute of limitations allowed him that long before he need to file. In all respects, the damage was minor and he never complained of any issues at the scene of the accident. He tried to sue me for 155,000 dollars, but his story was inconsistent. It went to trial, we even got opening arguments to the jury - but the judge decided to ask for one more arbitration, and he settled in the end for less then 10% of what he was asking for. In fact, he got less then what was initially offered to him by my insurance company! I guess he figured he wasn't going to get much, if any from the jury becuase of his inconsistent story. My lawyer and I were pretty confident that he wasn't going to get any if we had presented our evidence.

From my experience, I would recommend a few things. First, sit down and write down every single little detail you can remember about the accident, you'll never know if you need to recall these things a year later, when everything starts to get a little foggy. Two, take pictures of the accident and the vehicle - doesn't matter who's fault it is. I didn't do that, and it would have helped me out a lot in verifying the severity of the accident. Third and finally, have your witness do the same thing as well as the tow truck guy, record everything.
 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 274
Registered: 02-2003
Posted on Friday, September 05, 2003 - 09:17 pm:   Edit Post Delete Post Print Post


quote:

ABS pulses the brake to allow you to steer while slowing down by avoiding wheel lockup.



Correct, but only when the ABS system works properly.


quote:

You said that it wouldn't stop at all, meaning there was no braking at all, is this something that a bad ABS can cause?



Yep. Been there, done that.

What it will most likely come down to in the end, is this: As the driver, you are ultimately responsible for the vehicle you are driving. When you take a vehicle on the road, it is your responsibility to ensure that it is in safe working order. The ABS light is a warning light, designed to tell you that the ABS system is not operating properly. The accident resulted from your decision to operate a vehicle with a faulty ABS system, thus you are responsible.

When you bought the truck with the ABS light on, you should have either had the system repaired, or disabled the ABS system completely by removing the fuses. Either action would have made the car safe to drive.

Getting yourself a lawyer is good advice. In my layman's opinion you don't have a very good case, though. Hopefully you have learned your lesson, and will pay better attention to the condition of your vehicle before you get back on the road again.


- Axel


 

M. K. Watson (Lrover94)
Senior Member
Username: Lrover94

Post Number: 1014
Registered: 02-2002
Posted on Friday, September 05, 2003 - 09:23 pm:   Edit Post Delete Post Print Post

your 17, chances are that you'll lose your license for a period of time, juvenile court doesn't have to play by the same rules as big people court, as well they shouldn't end result you were driving a motor vehicle that you knew or at the very least should have known that there was a possibility of failure of your whoa pedal. how should you know was by that light that says ABS... i wish no ill will here but your the one who made the decision to buy and drive defective equipment, be thankful you didn't kill anyone.....pay the fine , ride the school bus and get that damn Rover fixed....

in my humble but cranky old dude view,

mike w, ex-cop
 

Mark Albrecht (Markalbrecht)
Member
Username: Markalbrecht

Post Number: 109
Registered: 11-2002
Posted on Saturday, September 06, 2003 - 01:12 am:   Edit Post Delete Post Print Post

Matt: first off I am not familiar with VA law. That being said, there is a difference in liability for the accident and quasi criminal liability for the ticket. With a rear end accident, civil tort liability is most likely at your door. But for the ticket the prosecuting authority or city atty. must prove that you were following too closely -- which may be harder.

Best advice is get an attorney -- preferably one who does criminal misdemeanor matters since they are more likely to have seen many traffic infractions adjudicated. There are often some procedural technicalities that can spare you the points; and experienced attorneys will know them. It will cost you probably $500 or more, but be worth it.

Haven't lived in Charlottesville since '89 so I can't help with autoshops.
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 22
Registered: 06-2003
Posted on Saturday, September 06, 2003 - 08:29 am:   Edit Post Delete Post Print Post

Going back to people saying that I was aware there was a problem, I was not. When I bought the vehicle a week ago I was told the ABS and SRS lights were on due to faulty wiring and I even have the receipts from the previous owner's mechanic looked at it and diagnosed it to be a "bad master cylinder" and poor wiring. The mechanic then replaced the master cylinder and it left the shop with the ABS light still on.
 

M. K. Watson (Lrover94)
Senior Member
Username: Lrover94

Post Number: 1015
Registered: 02-2002
Posted on Saturday, September 06, 2003 - 10:49 am:   Edit Post Delete Post Print Post

"I bought 1995 d1 about a week ago and it came with both the ABS and SRS lights on. I was told they were just bad sensors,", your own words dude, you pay your monies, yea take your chances. as i said 'that you knew or at the very least should have known that there was a possibility of failure of your whoa pedal' now re-read this and remember when you are on the stand testify only after completely understanding the question, failure to do so could get you to spew out answers that you may not meant to have said. in any state the driver of a vehicle is responible for the condition of that vehicle. its your truck and you shold have not driven it without a COMPLETE understanding of the risks of driving a truck that may be not be 100%. this is what you did, sorry if this is not what you want to hear but thats just the way it is, ok! friends now? the advice to get legal advice is wise, will it help you, proberly not the crash speaks for itself ACDA is clear and simple. of course there are other factors that were not issued to, such as your speed and road conditions at the time of the crash. as a whole any crash you can walk away from is a good one, you, your parents and your insurance company (maybe even to a lessor degree Land Rover, the dealer and God knows who else) are now party to a law suit. in that you and your parents and el al will be let off the hook and the insurance company will pay and after a short while you'll get your license back. i would suggest that you get to a good driver's ed and learn to a 5000 pound vehicle. a Land Rover is a wondereous vehicle but it is not typical of those new drivers learn on and this cause a world of grief to me.
apologies to the ho, axel and to a lessor degree kyle for bending from the tech issues to a subject that is best discussed in the general section.

mike w
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 24
Registered: 06-2003
Posted on Saturday, September 06, 2003 - 12:24 pm:   Edit Post Delete Post Print Post

Sorry for posting in the incorrect section, I won't do it again.
 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 278
Registered: 02-2003
Posted on Saturday, September 06, 2003 - 04:13 pm:   Edit Post Delete Post Print Post


quote:

Going back to people saying that I was aware there was a problem, I was not.



Sorry dude, that is simply bullshit. Ignorance is no excuse. By your own admission, you knew that the ABS light was on. Did you think the lights on your dashboard are mood lighting? Your dashboard is not a lava lamp, it is designed to give you information on the state of your vehicle. If you don't have the knowledge to understand what that information means, then perhaps you are not ready to drive yet.

- Axel


 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 25
Registered: 06-2003
Posted on Saturday, September 06, 2003 - 04:43 pm:   Edit Post Delete Post Print Post

You're Right... I shouldn't have said that and I take it back. If I had killed someone I would have felt pretty bad and it would have been my fault. Lesson Learned...

However as far as the law goes, I was driving and I hit the car in front of me, of course I'm responsible for the accident itself and the damage it caused, I just don't think that I should be charged with "Following too Closely" that wasn't the cause of the accident, the faulty brake system was. The fact that I knew the brake system could have a problem is not what I'm contesting, the citation I was given is.

If you were speeding, would you expect a ticket for Failure to Stop at a Stop Sign?


It also seems that a lot of people have had the same problem as I did. Is Land Rover aware of the problem? I've never heard of so many people having sensory problems with other vehicles.

Thanks to everyone for the help and the suggestions.


-Matt
 

Greg French (Gregfrench)
Senior Member
Username: Gregfrench

Post Number: 578
Registered: 11-2002
Posted on Saturday, September 06, 2003 - 05:15 pm:   Edit Post Delete Post Print Post

Mine has the same problem. I had a similar stopping (or non-stopping) situation as you, but it was before my system tripped the light, so I didn't know about the problem. It was a perfectly dry day, and the ABS came on, increasing my usual stopping distance. Pretty scary, but it wasn't a Volvo.
I pulled the fuse, and now I drive it like it is a 5000 pound vehicle with no abs. I always try to leave a little extra room between me and the car in front of me. Slow down. Extra careful on wet roads.
 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 279
Registered: 02-2003
Posted on Saturday, September 06, 2003 - 05:51 pm:   Edit Post Delete Post Print Post

"If you were speeding, would you expect a ticket for Failure to Stop at a Stop Sign?"

Depends on where the speeding occurs. If it's through an intersection, there could be a Failure to Stop at a stop sign violation, too.... :-)

Now, as far as the "Following too closely" violation, it depends on the interpretation, i suppose. To me, it means that you leave enough room to be able to stop without hitting whatever is in front of you, or avoid it. Since you did hit the Volvo, it certainly seems that you did indeed follow too closely, faulty brakes or not. You didn't have enough time to steer away from the Volvo when the brakes failed, thus you didn't leave yourself enough room.

Of course a good lawyer may be ble to convince a judge otherwise, but be prepared to hear the argument I just made.



- Axel


 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 280
Registered: 02-2003
Posted on Saturday, September 06, 2003 - 05:54 pm:   Edit Post Delete Post Print Post

I am going to move this thread over to the general section later today.

- Axel


 

Eric (Epuffy)
Member
Username: Epuffy

Post Number: 85
Registered: 07-2003
Posted on Saturday, September 06, 2003 - 07:45 pm:   Edit Post Delete Post Print Post

My truck has the same problem. Never had any close calls, but going down hills or bumps while braking makes the brakes pulse seemingly uneccesarily. Which fuses do I need to pull to disable the ABS? And does the ABS light come on if I pull those fuses?
 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 281
Registered: 02-2003
Posted on Saturday, September 06, 2003 - 08:12 pm:   Edit Post Delete Post Print Post

The "Rough Road" sensor fuse is a 5amp fuse in the fuse panel beneath the steering column. When you open the panel, there should be a chart telling you which fuse is which. If you pull it, the ABS light will stay on, and depending on which year your truck is, the Check Engine light may come on after a while, too. There is also an ABS fuse in the fuse box in the engine compartment.

- Axel


 

Leslie N. Bright (Leslie)
Dweb Lounge Member
Username: Leslie

Post Number: 2486
Registered: 02-2002
Posted on Saturday, September 06, 2003 - 11:18 pm:   Edit Post Delete Post Print Post


However as far as the law goes, I was driving and I hit the car in front of me, of course I'm responsible for the accident itself and the damage it caused, I just don't think that I should be charged with "Following too Closely" that wasn't the cause of the accident, the faulty brake system was. The fact that I knew the brake system could have a problem is not what I'm contesting, the citation I was given is.


Actually, what you probably should have been charged with is "failure to maintain control of your vehicle", or worse, "wreckless driving". By being charged with "following too closely", the officer was doing you a favor, actually.

On two different occasions almost two decades ago, both times where I was REALLY speeding, I ended up in accidents. One was that I was going too fast to notice a stop-sign and launched across an intersection, the other was on a wet road, downhill, and I ended up sideways. In both cases, "wreckless driving" would have been legitimate, but, that would have taken the license of an underage driver. In retrospect, maybe my license should have been pulled at the time... Anyway, in each case, I went into the "polite to your elders" mode, was doing the "yes sir no sir" thing to the officers in each case, and in both cases, ended up with "failure to yield".... VERY MUCH easier on pointage on a license, especially when you're 16...

Regardless.... get the Rover fixed, and if all goes well, then you'll be more careful, and if you have to sit it out awhile, you'll be more responsible once you're back on the road.

Either way, good luck....


-L

 

Curtis N (Curtis)
Dweb Lounge Member
Username: Curtis

Post Number: 649
Registered: 05-2002
Posted on Sunday, September 07, 2003 - 02:01 am:   Edit Post Delete Post Print Post

Matt,

As has been said many times: You are responsible for your own vehicle on the road. However, you are young and almost everyone has really screwed up a car before the age of 20. Thats why your parents insurace rate doubled or tripled.

The thing any lawyer or insurance company would be mad about is that you are TALKING ABOUT IT. This is a big no-no. Instead of telling the officer that your brakes had problem, try saying nothing next time. Nada. Zero. That includes trying to get info on a public forum.

If you hit someone from behind, it is almost always your fault. Whatever led you there is not really an issue. Your guilt has already been determined. The rest is just damage control.

Curtis
 

M. K. Watson (Lrover94)
Senior Member
Username: Lrover94

Post Number: 1016
Registered: 02-2002
Posted on Sunday, September 07, 2003 - 07:10 am:   Edit Post Delete Post Print Post

Curtis makea a valid point, to discuss or not to discuss, i once read a thread in another forumn of a fella who worked for a Ford dealership and had the chance to test drive this lady's very fast Mustang. he takes it out runs the piss out of it then has the nads to post it on a mustang website. the real funny thing is the car owner has a friend who is a member of that group and narcs him out, justice served and now the tech is sucking up welfare.

Leslie has the more approiate charge listed. operation without reasonable control in Ohio is like tha catch all. you drive you crash you can't possibly be in control. if i had been investigating the crash i may charged you with the unsafe vehicle on top of everything else.

mike w
 

Greg French (Gregfrench)
Senior Member
Username: Gregfrench

Post Number: 579
Registered: 11-2002
Posted on Sunday, September 07, 2003 - 08:48 am:   Edit Post Delete Post Print Post

That's why your (males under 21) insurance is so much higher than us old(er) folks!
 

Garth Petch (Garth)
New Member
Username: Garth

Post Number: 16
Registered: 02-2003
Posted on Sunday, September 07, 2003 - 10:17 am:   Edit Post Delete Post Print Post

Leslie

I don't think you can use the word wreckless in this situation (reckless maybe), because there was damage to both cars...

In relation to your possible fine Matt, cop it sweet. Get a good lawyer who will tell the Court that losing your licence will stop you assisting in your community service for land rights for gay whales and hope for the best.

Get the same lawyer to approach the people who sold you the car to discuss their liability in selling you a vehicle which was not road worthy at the time of sale, and led you to believe that a major safely issue like misfunctioning brakes had been corrected.

For your sake, keep the two issues separate. The last thing you want in Court is somebody asking why and how long you were driving a car with warning indicators showing a misfunction.
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 26
Registered: 06-2003
Posted on Sunday, September 07, 2003 - 05:24 pm:   Edit Post Delete Post Print Post

Thanks Garth, I've contacted the person I bought the rover from and he's going to get in touch with the mechanic that worked on the brakes orgiginally.

-Matt
 

Alyssa Brown (Alyssa)
Senior Member
Username: Alyssa

Post Number: 254
Registered: 01-2003
Posted on Monday, September 08, 2003 - 08:29 am:   Edit Post Delete Post Print Post

Not that you should be using it all the time for this, and yes, it could cause damage, but did you ever think of using the EMERGENCY BRAKE? You know, considering it was an emergency, and all?
 

Peter Matusov (Pmatusov)
Senior Member
Username: Pmatusov

Post Number: 1058
Registered: 09-2002
Posted on Monday, September 08, 2003 - 11:44 am:   Edit Post Delete Post Print Post

Alyssa,

is that thing in a Rover even called "Emergency brake?"
I bet if you yank it hard at a decent speed, you'll blow the u-joint or snap an axle.

Speaking from experience, the half-way malfunctioning ABS has a bitchin' habit of kicking in without any warning whatsoever. THe light may not even be on. I guess the only reason I hasn't rear-ended anyone (before I've fixed all ABS issues) is that I drive a 4700 lb slug with 4 drum brakes daily, and I'm always watching for a way out if the brakes go south.
THat was said not to give Matt much excuse, but he may not even have had time to reach for the parking brake lever.
 

Axel Haakonsen (Axel)
Moderator
Username: Axel

Post Number: 286
Registered: 02-2003
Posted on Monday, September 08, 2003 - 01:04 pm:   Edit Post Delete Post Print Post

If you read his post, he said that he threw the car in Park, and probably hosed his parking pawl and God only knows what else in the process. If he had time to do that, he would have had time to pull the parking brake instead. Chalk that one up to lack of experience, which he really can't be faulted for. Developing the correct seat of your pants reactions take time.

- Axel


 

Peter Matusov (Pmatusov)
Senior Member
Username: Pmatusov

Post Number: 1064
Registered: 09-2002
Posted on Monday, September 08, 2003 - 01:07 pm:   Edit Post Delete Post Print Post

that's right, Axel, i forgot that.
 

Matt Jablonski (M4ttjabz)
New Member
Username: M4ttjabz

Post Number: 27
Registered: 06-2003
Posted on Monday, September 08, 2003 - 03:45 pm:   Edit Post Delete Post Print Post

I looked up the law code its:

46.2-816. Following too closely.

The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.

(Code 1950, § 46-229; 1958, c. 541, § 46.1-213; 1983, c. 248; 1989, c. 727.)

I had a passenger in the vehicle that can attest to the fact that I put my brakes on about 3 car lengths before the impact, which in my opinion would be reasonable and prudent.

Oh, and I talked to a lawyer today, he said that I should bring receipts and repair information, but depending on the judge, they might be thrown out as hearsay.

-Matt



 

Brian O'Connor (Hooky)
New Member
Username: Hooky

Post Number: 11
Registered: 09-2003
Posted on Tuesday, September 09, 2003 - 03:01 pm:   Edit Post Delete Post Print Post

Peter

As I did state I did drive with bad ABS sensors for a month or so. 90% of the time the brakes worked as they should, however on occasion the ABS would activate for no apparent reason when braking, when that did happen the ABS operated but not like during normal operation. The ABS pulsed like mad, to the point where the truck didn’t stop as it should but merely slowed. The pedal feel is quite remarkable—you’d have to experience it to really understand I guess. So in effect the ABS computer thinks you are in dire straits and is working like hell to make it right, when in fact it is doing the opposite! Had I known, I would have pulled the fuse until I had the sensors replaced—I was lucky…

B
 

exrover1 (Exrover1)
New Member
Username: Exrover1

Post Number: 12
Registered: 04-2003
Posted on Tuesday, September 09, 2003 - 06:39 pm:   Edit Post Delete Post Print Post

Matt- Some free legal advice... Get a lawyer. There are the facts of the world (not necessarilly admissable in court) and there are the facts of the case (facts that are a relevant or material to a fact-finder/judge)... the two are vastly different. Right now, noone knows what happened. Not even you. Second, Stop posting your recollection or opinion of the events on public boards. Finally, and as someone noted earlier, memorialize every detail about the incident on paper and share it with one person... your lawyer. That means every detail that you can recall... draw diagrams. (e.g. weather, road conditions, witnesses, smells, colors, vibrations, sounds, feelings, statements made by you or to you etc.). I know you're worried but you're not in as bad a position as you might think. Good luck!
 

Andrew Maier (Newman)
Member
Username: Newman

Post Number: 174
Registered: 04-2003
Posted on Tuesday, September 09, 2003 - 09:50 pm:   Edit Post Delete Post Print Post

What "Exrover1" said. It'd suck for someone to do a Google search on you, find these posts asking for a way out of the ticket, and then see your words in the hands of the prosecutor in court: Doesn't make you look good.

As a prosecutor, I have this to say -- you're screwed. Go in there and have your day in court, and hope the judge reduces your fine rather than seeing a kid looking for a way out of a ticket (and the attendant loss of license) who needs one of the lessons of life only a judge can give :-)
 

Ron Brown (Ron)
Senior Member
Username: Ron

Post Number: 475
Registered: 04-2001
Posted on Wednesday, September 10, 2003 - 09:58 am:   Edit Post Delete Post Print Post

A decent lawyer can get you off the criminal charge, but you WILL be held responsible and at fault for the accident.

Bad ABS sensor in a disco I = no effective brakes, BTDT, almost plowed into an 03 RR with alyssa's truck, if it would not have been for the E brake I would have (alyssa and I both drive with one hand on the E brake, non-rover people always comment).

Anyway, people above have told you what to do, either fix it or disable it, driving with a bad sensor is unsafe.

Ron

PS I am not a lawyer this is not legal advice etc etc etc.
PPS I think this thread will help you if a judge or prosecutor saw it. You have a half a dozen people here saying that what you said happened did happen and that it was not your fault (criminally not civily).
PPPS if it looks bad you could hire an expert to write saying that what you are saying is mechanically possible and probable with your vehicle, maybe a mechanic or something familar with rovers.
PPPPS Improper equipment is what you definately want to try to get it down to.

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