how can i prove a hill should have been marked for trucks?

Question

I lost my brakes while driving a tri-axle coal truck (brake fade, most likely). I was going down a hill that was not marked, had no idea the hill was coming, and at the bottom, on a left curve, I laid the truck down rather than rear-ending the coal truck in front of me. I was fined over $2000 for the overturned veh and going too fast for conditions. I need to prove that the hill should have been marked as a hill for trucks, and maybe even a sign should have been up for trucks to reduce gear. this is in rural western pensylvania. it was a one-mile hill, country road, curvy, with no indications that a 90 degree turn was at the bottom of the hill until you were almost on it, and already going down hill for about .8 mi. I lost one case, now must consider appeal. i was told i need to prove that the hill SHOULD have been signed. how can i prove it? how can i find out the grade of the hill?

i have to prove that the DOT should have had the hill marked. it was a state road.

For those unfamiliar with truck brakes: riding the brakes makes them really hot and the hotter they get, the less well they work. when they get too hot they stop working. not knowing a hill was coming a driver might not downshift, and then be forced to ride the brakes, because you can't downshift while going down hill in a truck or you will lose control. ask soon as you push the clutch in it free rolls and you cant get it back in gear.

For those unfamiliar with truck brakes: riding the brakes makes them really hot and the hotter they get, the less well they work. when they get too hot they stop working. not knowing a hill was coming a driver might not downshift, and then be forced to ride the brakes, because you can't downshift while going down hill in a truck or you will lose control. ask soon as you push the clutch in it free rolls and you cant get it back in gear.

Answer 1

Subpoena the DOT for the hill's gradient.
Subpoena the DOT for determining guidelines for signing a hill.

If your brakes were bad - I don't see how you're going to win when the fault was clearly yours and not the DOT's.

Answer 2

If it's a rural area on a state/county road, very few accomodations are made for truck drivers or for passenger vehicles. Most drivers who peruse that highway PROBABLY already know that the incline warrants some sort of preparation. My best bet is to try to get topographical maps from the US Geological Survey. They will usually chart the incline. The grade, however, would have to be calculated by a mathematician who understands gradients. If you are an out-of-state driver, the burden becomes even more difficult. You have to PROVE that you didn't know. Have your local geology/geography expert view the maps and make a decision. It's a letter that might make some technical sense to someone in the courts.

Answer 3

If you owned the truck and the brakes were faulty, I guess it's your fault.

But if the court has already said "if you can prove the hill should be marked", try taking some pictures of it, from the road.

My dad fought a $8 parking ticket by taking pictures of the no parking signs and the street. Cost him more in gas driving around and to produce the pictures than the $8 ticket, but he won.
Judge said "I'd park there too" and banged the gavel. Might work out for you?

Good luck.

Answer 4

well go right back to use the dmv for your defense. Get the rules of the road book . Read it and see what it tells you to do when you come to a road marked for a grade and what they determine that to be to get you CDL License . Im sure its in the book then ask the raod comission why its not marked. You need to know if its a state,county,hyway or city road who maintains it.to find out why it isnt marked.Take pictures of it too, If that dont work get the news they will find out. LOL They may like a story like that

Answer 5

did you have air or hydraulic brakes and what kind of road were you traveling most states require a route of escape off to the side of the road in case a trucker loses his brakes. Get the laws in your local legal lbrary or whatever state you were driving in. it should be located in your local sperior court open to the public look up motor street sign laws