O/T RIP Weenie Wagon

[mattski]

Last weekend I did a bunch of work on my 95 Legacy with 113k miles. The water pump was making all sorts of weird noises, so I replaced it, the oil pump O-ring, cam and crank seals, timing belt, drive belts, spark plugs and wires. It ran like a Japanese watch.

So I packed it up with 4 pairs of skis on the roof, two kids in the back, and a trunk full of other ski gear and food, and off we were to "grandma's house" in the Catskills on Christmas evening. Some of you may remember that the Northeast was in the middle of a significant snow event that evening. But, the Weenie Wagon had 4 brand new studded snow tires on it and it was as solid as it could be going through the snow.

I made it through all the access highways and we were on rte 87 NY Thruway. The wind was howling and swirling but the Subaru was just amazing in its stability. Both lanes were being plowed and I passed a number of NYDOT plows. They have these huge arrow signs on the back showing which way to pass them. We then came upon another one. It was plowing the right lane with a few cars behind it. I moved to the left passing lane and just when I was even with the plow, it decided to make a left turn across my lane into the median to make a U turn. Imagine my surprise and sheer terror. I had nowhere to go except right into his plow. The Weenie Wagon hit the plow with the right headlight, bounced off, did a 180 degree spin and wound up in the median facing backwards.

Both air bags deployed, the windshield partially blew out, the right window came out, the bumper, right fender, right wheel and hood are all bent. Given the damage, the impact was very soft. It was very much like a hard landing in an airplane. Everyone came away without a scratch. The worst injury is an abrasion burn on my left wrist from the air bag. Of all the occupants, the apple pie came away in the worst shape, all scrambled up.

The Weenie Wagon sacrificed itself to protect us. It crumpled and bent, but we were all safe. I hate to think what would have happened if we were in a top heavy SUV and prone to rollovers.

The NY State Trooper was useless and actually gave me a ticket for an illegal pass. He was driving a Crown Victoria cruiser which should have not even been on the road given the conditions, rear wheel drive and all season tires. I asked him to take the kids to the rest stop which was 1/4 mile away but he was afraid to use the U-turn area because of the risk of getting stuck. I will be going to court to argue my case that my vehicle was perfectly suited to the conditions and that plows do encourage passing them by using those large arrows on the back. So there was nothing illegal in what I was doing and in fact it was the plow driver who drove carelessly.

Any suggestions on my legal dilemma would be appreciated.

Happy New Year to all,

Matt

[CigarJohnny]

WOW! Sorry to hear about the wagon. At least you and the family are safe and that's what really matters. It doesn't sound like you should have too much trouble arguing your case in court. Damn shame you have to go to all that inconvenience when you really did nothing wrong (IMHO). Best of luck and get yourself another weenie wagon ASAP!

To bad..I dont see how you could be at fault. I think you can get out of it easily..good luck on that and i think it would be worth getting another, sounds like a good car.

[Mr. Pockets]

It sounds to me like you have a good case. I wouldn't try to argue vehicle capabilities in court, though. Even if you can get a judge to take that bait, they're only going to refer to vehicular standards from friggin' 1963 anyway.

You were on a four-lane divided highway, right? A snow plow came into your lane, right?

'nuff said, as far as I'm concerned.

Aside from that, it sounds to me like the police are looking out for fellow county (or state, or whatever) employees. And I especially like how your investigating officer declined your request for safe transport of your kids. Nice. Real nice. Protect and serve, huh?

[Uncamitzi]

Glad everyone is ok!
I would ditto what was said above. Don't get in to an argument with the officials.. Just state your case using the road rules, not the vehicles capabilities.

[sfsvx]

Thank God everyone's okay. Another testimonial for the sturdiness of Subarus in general.

The only advice I have to pass along is - if you decide to go to court, don't get into the blame game, explaining how the cop was a moronic boob. Be objective and factual and try not to get emotional about getting hosed.

Tickets are supposed to be based on what the law says, not the officer's opinion, but sometimes there are provisions in the law that allow police to use their judgement (such as "driving too fast for conditions"). State your case logically and calmly and see what happens.

Good luck!

[LarryIII]

Matt,

Glad to hear you and your family are OK.
Line up a good lawyer that can practice in New York state, just in case.

[SHISVX]

after all that work too i guess she appresiated the love and care, because she sure protected you guys! i am glad that you all are safe. just be totally polite to the judge...totally respectful, to the point where you are getting sick from it, maybe he will listen better. good luck!

Kelli

[CigarJohnny]

Originally posted by SHISVX
after all that work too i guess she appresiated the love and care, because she sure protected you guys!
Kelli

very cool way to look at it, Kelli

[montypython]

Matt, sorry to hear about the accident. I have a 93 Legacy wagon with just under 160K that has survived a few visits to the body shop.
A word of advise before you head into court. Check the NJ plowing laws. Here in Wisconsin it's illegal to follow closer than 200 feet behind a plow or salt truck. By inference, that means your not allowed to pass either.
We all do it, but you were unlucky.

[SVXphile]

Glad you are all OK Matt. I have no idea what your plow laws are there, but it is certainly OK to pass them here. The problem is that if the conditions are bad enough up here in the mountains for them to be out, we probably do need to follow them ! Too close though, and the cinders take off the paint...

Best of luck fighting the ticket...... Don

[mattski]

Thank you all for the kind words and encouragement.

I am looking through the New York State web sites for anything relating to snow plows but I have not found anything.

I do not know how many of you have had the experience of driving on snow covered divided highways, but on the NY Thruway they either do a major sweep with 2-3 plows (you can't pass them since they block the whole road), or one plow clears a lane at a time, and directs drivers into the other lane with a huge arrow on the back of the plow.

If anyone has any experience with this, or knows NY laws well, please do offer advice.

Thanks,

Matt

My condolences for your Legacy. My wife drives a '95 Legacy Outback- the first year when it was just 'trim' options, so they're really the 'same' car.

You are right, they are terrific 'snow-mobiles'. I'm just now waiting for some snow to try out my new winter tires on the SVX (Pirelli Winter Ice Assymetrico's)

Good Luck on your 'case' (sounds like the snowplow driver assumed no vehicle would be capable of being alongside of him- and didn't bother to look before making the lane change).

-Mark

Call the cops and ask THEM what the laws are concerning passing a plow. Then call the DA who handles the case. Plead the case to him. I did this once for passing on the shoulder and it turned out well, (Case dropped, no court time). If things go bad in court they could stick you with driving too fast for conditions or (God forbid) reckless.

I agree with the others tho, don't try the "My car's better than that" I don't think it'll get you much sympathy.

Best o' luck

Collins
Syracuse...

[mattski]

I called a friend who knows a Sheriff in NY state and his advice was to deal with the fact that the plow attempted a U-turn from the right lane which is illegal. This is clearly stated in the NY Vehicle and Traffic law. The court clerk was also very helpful in pointing out that the cop did not witness the accident.

The next problem is that Prudential is trying to give me the run around and telling me that if it is ruled that I am partially at fault, they will deduct a percentage from my settlement.

On the bright side, we are picking up today a 96 Outback with a 5 speed and 113k miles on a 2.2 l engine. It will need a timing belt soon but since I just did that on the now deceased Weenie Wagon, it should be a breeze.

Matt