Failure to Control Speed Citation?

Question

My girlfriend was involved in a accident yesterday and thank god it turned out okay for the most part with insurance handling damages. The officer issued my girlfriend a citation for failure to control her speed because she had hit the truck in front of her because two big rigs had pulled from a complete stop into the right lane and were crawling on the highway. I am asking if she can contest this citation with any success in a court. The officer I believe was incompetent because he did not have the information of the accident and arrived way after the fire truck and ambulance had left the scene. There were no witnesses to the accident and claimed that by her account he based the citation off of. I am speculating the fact that the scene of the accident was not preserved in the original location, there were no witnesses, and the person who lost a tail light also agreed this was a accident. Am i right that this citation can be contested?

Basically, she was not speeding and had attempted to avoid the two previously stopped-crawling big rigs on the highway under a low visibility hill. The officer was not up for discussion at the scene and any attempts to ask or correct his fabricated account of the incident made him defensive and was squaring himself off. These were not harrassed questions and I kept my mouth shut because I did not know the entire situation immediately either. So as I asked before, since there are a lack of witnesses and no way for the officer to know what had happened; can this citation be effectively contested.

Answer 1

any citation can be contested. the question is will she get the ticket dropped.
it's worth it to show up on the court date and fight it, most times the cops dont show up if it's a bogus thing like that.
i'd definatley fight it though if it were me. if you were in the car with her YOU are a witness, as is the person who was hit.
fight it!

Answer 2

Any citation can be contested but the likelyhood of winning is very slim. Aout the only way is for the officer not to show up on the court date. Being cited for failure to control speed is a very common citation in an accident. The officer arriving after the ambulance left has nothing do with his competence. I spent 4 years as an insurance adjustor. I was at the scene of the accident one time does that mean I cannot determine who was at fault. No. You interview the parties involved and look at the damage to the vehicles and you can tell exactly what happened. The citation is based upon the fact that your girlfriend rearended another vehicle. (The person who lost a tailight) If she had properly controlled her speed the she would have been able to stop and not rearended the other vehicle. Keep in mind that there is not really such a thing as just an accident. Driver's actions are what cause accidents.

You additional information makes it even clearer. She was not speeding but rearended another vehicle when she swerved to avoid slow moving traffic. This citation has nothing to do with the speed limit. He did not cite her for speeding. He cited her for failure to control speed. She rearended another vehicle. She was at fault. it does not matter what was in her lane she hit another vehicle for the rear. Had she conrolled her speed she would not have rearended anything she would have either been able to stop in her lane or at the vey least swerve around the slow moving truck and stop before rear ending the other driver.

Answer 3

Failure To Control Speed Texas

Answer 4

When did she notice brake lights of other vehicles?

If she was travelling at road speed and didn't get to see the rigs enter the roadway, but the rearmost rig obscured her view of the truck she hit while attempting to pass the rigs -- very tough to prove, and basically means the truck she hit was either (a) going too slow or (b) slowed too quickly -- she may have an excuse.

If she noticed the other vehicle's brake lights illuminate moments before the collision, the other vehicle may have had faulty wiring (like a "short" or a frayed wire or corrosion somewhere between the battery and the brake light).

There's all sorts of possibilities that could, based on the available information, result in an excuse from liability; however, she will need an attorney to represent her in court.

Virtually all attorneys give free initial consultations, but she will need to know beforehand what happened, and then tell the attorney. The free consult usually lasts 30-90 minutes (depends on the attorney, his/her caseload, etc.) - and that goes *really quickly* when you're the aggrieved party.

Answer 5

The usual scenario for rear-end collisions is that it is the rear-ender's fault for hitting the other vehicle from behind. About the only excuse is that the vehicle being hit from behind had made a surprise entrance into the road (i.e. from a driveway) without allowing for traffic approaching.

It is your responsibility as a driver to allow for vehicles (or pedestrians, or debris) that may be stopped and blocking the road. Most highways have standards, i.e. the hill or curve cannot be so tight that you cannot see the obstacle in the road ahead in time to stop. In fact, the official standard for hills for interstates IIRC is that you can see a 1 foot high log in time to stop. The only excuse you can use is that the item you hit came into the lane so fast and unpredictably that you had no opportunity to avoid it.

So, your GF should have slowed down in time to avoid a collision. the charge means that they believe she wasn't speeding, but when she saw the trucks ahead she should have slowed down before she hit them. She can try arguing road fault (too blind a hill or corner) or unpredictable maneuvering (they pulled in front of her from the shoulder after she had passed the point where she could have stopped). If you can back up either scenario with witnesses, photos of the scene etc. to back up your case, then good.

Otherwise, it is your responsibility as a person following someone else to leave enough room to stop. What if it's an accident victim lying in the road waiting for an ambulance? A deer? A concrete block that fell off a truck?

Good luck!

Answer 6

Hate to dispute the previous answer, but she rear ended the other driver, so was at fault. She should have been prepared to stop. I know that sounds callous, considering the circumstances you report, but the officer viewed the scene from his experience and called it the way he saw it.

He may be wrong, that's what traffic court is about, a chance to plead one's case. She should appeal the ticket if in disagreement, if she just wants to try to avoid paying it, or especially if she wants to keep it going on her driving record and affecting her insurance. She can do it on her own without an attorney, but it may help to have one, especially since there was an accident. She may be lucky and the officer not show, or the judge may have sympathy considering the circumstances and either dismiss the ticket or reduce the fine and/or the offense.

Answer 7

It might be worth contesting the citation you might get the ticket of her driving but will probably still have to pay a fine. It's my understanding that the driver of the rear vehicle is always at fault during a rearending, so you may have very little to stand on. Like I said you might be able to get the ticket removed from the MVR. Good luck.

Answer 8

Any "accident" (crash) occurs due to a traffic violation, therefore at least one party is at fault. In your girlfriend's case the officer concluded that it was her fault. Yes, he can issue a citation even without him being present at the time of the accident's occurrence. The officer based his judgment upon the factors of the investigation/witnesses.
Yes, she can contest it in court. Every offense can be debated in court in front of a judge of jury.

A citation is not a plea of guilt, just a promise you appear in court.

Answer 9

Her fender-bender isn't CSI material. Officers issue tickets all the time based on the account of the parties involved. Rarely are there witnesses who actually stop and offer other accounts. That usually happens only when the crash is a bad one.

Your girlfriend probably told him the truth. In which she gave him an account of the crash which she admitted to making a driving error which caused the crash. She probably didn't even realize that she did it.

Answer 10

You can try to contest it, but she didn't get a ticket for speeding -- she got one for failing to control her vehicle at the speed she was going. Face it, that's what happened. It's a bummer, but I think cops feel like they must issue something, and that sort of citation cover most everything!