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    Revansbane's Avatar
    Revansbane Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 9, 2009, 12:50 PM
    Failure to control speed
    Today I was stopped at a red light with 3 or 4 cars in front of me. The light changed green and I pulled forward. At this light there is a traffic signal, the white line to stop with room for one vehicle then a set of railroad tracks with 4 wooden ties.

    When the light changed yellow the car in front of me slammed on its brakes. I was about a cars length behind. As I applied my brakes my front wheel drive was on the tracks. I then proceeded to skid across the tracks and bumped the other car. To me I would have stopped just fine and well enough behind the other vehicle if the tracks were not slippery. They were worse than the actual road.

    The driver then pulled up to view her car. As I got out and surveyed both cars there was no damage. Not even marks. There were previous dents and rust in various places on the other drivers bumper that she tried to pin on me. My car is white and hers was blue. I had no transfer pant on my car at all. And it looked like she had backed into something before.

    She also stated I hit her so hard I hurt her back. I bumped her right on the letter G of her back plate and it put a dent in the G. That's it! Nothing else to it. She wouldn't give me any information. Luckily she gave it to the cop. Then after all this the cop gave me a citation for failing to control my speed. I thought I did a good job at controlling my car due to the tracks. I asked the officer why the ticket. He had stated although the lady refused an ambulance she complained about her back so therefore he had to issue the citation.

    Should I fight this? Do I have a reason to fight it? I know I tapped her in the rear end, but there was nothing to it. I didn't just hand her my information and leave because there were cameras on the traffic lights. Is there anyway I could get that footage of the accident?
    hauser5's Avatar
    hauser5 Posts: 699, Reputation: 92
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    #2

    Feb 9, 2009, 01:10 PM

    Not to be a jerk or anything, but I am a professional driver of 18-wheelers, and feel like I am qualified to give advice on this. The fact that you hit her vehicle is the only proof she needs to have a case. It sounds like she is the suing kind. Also, since there is only room for one vehicle in front of the tracks, you should have taken more caution in leaving enough space to not have to be sitting on the track if the light changed. You should be thankful that a train didn't come!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 9, 2009, 03:10 PM

    Ok I will be a jerk, I am known for it.

    As a police officer of many years and having wrote plenty of tickets and did accident investigations.

    1. not sure of the charge, here in TN or GA, the charge wouild have been following too closely, since you are to leave enough space between vechiles to come to a stop.

    But anyway, all they have to do is prove you bumped the other car, that into itself is proof ( unless of course you tried and planned on hitting it)

    The road conditions only may alter the degree of punishment or fine.

    As for the tracks, railroad tracks are just a few inches wide, you are not gong their length to cross but their with, and there should have been rough wood, concrete or gravel before or after the rail, to "grab" onto, in fact the tire would have most liekly never been just on the rail but on part of the material on either side.

    Often there is rough or loose gravel around crossings, this may have been more the issue of a slide. But then you have the charge "too fast for conditions" if there is a road issue.

    Now the only issue you have, if you plead guility, then this can be used in civil court if they sue you, as would a not guilty if they find you guilty.

    Normally best choice is a NOLO plea if you court allows it, that way, your plea can not be used in civil court against you, if you are sued.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #4

    Feb 9, 2009, 06:25 PM

    Make sure you tell your insurance company about her supposedly "injured" back. You don't want her to come after you down the road for a bazillion dollars.

    When dealing with railroad tracks you have to remember there is very little margin for error. You must let enough room ahead of you for the train to pass should the red light detain you on the tracks.

    I agree with Chuck above. Be sure to plead NOLO so the lady can't "nail" you in civil court for her imagined hurt back.

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