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ryan813
Oct 27, 2009, 08:48 AM
I was driving a dump truck around a corner and the dump truck rolled over. Nobody or property was damaged or injured. I got a ticket in the mail today and I was wondering if this was my fault. At first I told the cop that I might have been going to fast but not over limit because the truck is old and very slow. Now I believe that the bales inside of the truck shifted around and caused the truck to roll. Should I fight this in court?

twinkiedooter
Oct 27, 2009, 08:51 AM
How do you intend to win with a defense of "I might have been going too fast and the bales shifted"? Driving a dump truck means you have to possess a CDL of some sort. Being a professional driver means that you should know how to properly control your vehicle even if it means going 2MPH around a corner. I don't forsee you winning.

ryan813
Oct 27, 2009, 08:55 AM
How do you intend to win with a defense of "I might have been going too fast and the bales shifted"? Driving a dump truck means you have to posess a CDL of some sort. Being a professional driver means that you should know how to properly control your vehicle even if it means going 2MPH around a corner. I don't forsee you winning.

Well, it was a farm truck so I didn't have to have my CDL and I was fairly sure I was not going to fast for the turn and I believe the bales shifting was the cause of the accident. I don't believe speed was an issue at all.

this8384
Oct 27, 2009, 09:38 AM
Well, it was a farm truck so i didn't have to have my CDL and I was fairly sure I was not going to fast for the turn and I believe the bales shifting was the cause of the accident. i don't believe speed was an issue at all.

If your cargo wasn't secured, then you should have been driving at a reasonable speed which would not have caused it to shift.

Fighting this ticket is a waste of your time.

JudyKayTee
Oct 27, 2009, 10:49 AM
I see the involved parties to be (1) the driver; (2) the truck.

Unless the truck rolls over on a regular basis I see this to be the fault of the driver.

As far as the rest of this it's like speeding - if you are going too fast for conditions but not necessarily over the limit you WILL be ticketed and it WILL stick!

Sigh.