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    ryan813's Avatar
    ryan813 Posts: 3, Reputation: -1
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    #1

    Oct 27, 2009, 08:48 AM
    A ticket in court
    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's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    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's Avatar
    ryan813 Posts: 3, Reputation: -1
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    #3

    Oct 27, 2009, 08:55 AM
    Quote Originally Posted by twinkiedooter View Post
    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's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Oct 27, 2009, 09:38 AM
    Quote Originally Posted by ryan813 View Post
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    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.
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