"Failure to Control Speed to Avoid Collision"
Joined: May 2008
Posts: 1,630
Likes: 20
From: Dallas Tx
"Failure to Control Speed to Avoid Collision"
Sunday afternoon. Im driving down the tollway heading south to pick up a gift for my girlfriend as we celebrate our one year anniversary. Its sunny outside, windows down, cruising, little to no traffic. I'm headed toward the toll booth when I notice the car about 70 yards infront of me is tapping on the breaks and swerving drastically (attempting to switch over lanes).
I am in the far left lane of the toll lane (toll tags only lane) going about 50mph because the person infront of me seemed drunk and I wanted to keep my distance until I could get around the car.
Again, out of no where the car slams on the breaks (WTF is this car thinking!). The car slams the brakes in the double white lined lane (about 4 feet from the actual "toll tags only" booth) and attempts to merge over at the last second to the toll booth that accepts coins, then swerves back into my lane and almost collides with the far left wall... Im already going 20 miles under the speed limit and the complete stop was just no match for my oem brakes. I throw my car in neutral and slam down on my brakes as hard as i can. I knew I had to go into the rear of the car infront of me ( i was not about to swerve to the right and cut across a lane or two to avoid collision (I would have probably caused more damage and put myself as well as others in more danger). Not to mention that there were plastic barrier sticks that prevent people from changing lanes close to the toll boothes.
If i had been going the speed limit, i would have for sure been injured and my car would have been a lot more messed up.
Boom! I slam right into the back of this women's honda. Not only did the women driving go to OU, she told me she had no idea what a toll way was and had no tolltag. F****** idiot..
Im familiar with the law regarding rear end collisions. i know that since i hit her from behind, i was responsible. Yet, this senario seemed to be "a grey area" (if you will). Yes, I hit her from behind but she came to a complete stop on the tollway and tried to switch lanes in a double white line... Not to mention i was already going about 40mph in a 65..
Regardless It seems that she would be somewhat at fault... right?
Apparently not. I called the police because i wanted a cop present to document what happened (I planned on fighting the case so I wouldn't be the one responsible for the crash ect).
Awesome, a state trooper arrived. He didn't care to hear my side of the story. On top of all this, he went back into his car and wrote me a ticket "Failure to control speed to avoid collision", made sure everyone was ok, and left..
I will be fighting this case in court to AT LEAST get myself out of the ticket. I have pictures that prove my point (will post shortly). She also admitted she was at fault.
Pictures up later today
picture clearly shows the civic was trying to merge across double white line.. How was it only my fault? I mean it was because i hit her from behind (no sh*t). I think she should be at fault as well for not obeying traffic laws..
I am in the far left lane of the toll lane (toll tags only lane) going about 50mph because the person infront of me seemed drunk and I wanted to keep my distance until I could get around the car.
Again, out of no where the car slams on the breaks (WTF is this car thinking!). The car slams the brakes in the double white lined lane (about 4 feet from the actual "toll tags only" booth) and attempts to merge over at the last second to the toll booth that accepts coins, then swerves back into my lane and almost collides with the far left wall... Im already going 20 miles under the speed limit and the complete stop was just no match for my oem brakes. I throw my car in neutral and slam down on my brakes as hard as i can. I knew I had to go into the rear of the car infront of me ( i was not about to swerve to the right and cut across a lane or two to avoid collision (I would have probably caused more damage and put myself as well as others in more danger). Not to mention that there were plastic barrier sticks that prevent people from changing lanes close to the toll boothes.
If i had been going the speed limit, i would have for sure been injured and my car would have been a lot more messed up.
Boom! I slam right into the back of this women's honda. Not only did the women driving go to OU, she told me she had no idea what a toll way was and had no tolltag. F****** idiot..
Im familiar with the law regarding rear end collisions. i know that since i hit her from behind, i was responsible. Yet, this senario seemed to be "a grey area" (if you will). Yes, I hit her from behind but she came to a complete stop on the tollway and tried to switch lanes in a double white line... Not to mention i was already going about 40mph in a 65..
Regardless It seems that she would be somewhat at fault... right?
Apparently not. I called the police because i wanted a cop present to document what happened (I planned on fighting the case so I wouldn't be the one responsible for the crash ect).
Awesome, a state trooper arrived. He didn't care to hear my side of the story. On top of all this, he went back into his car and wrote me a ticket "Failure to control speed to avoid collision", made sure everyone was ok, and left..
I will be fighting this case in court to AT LEAST get myself out of the ticket. I have pictures that prove my point (will post shortly). She also admitted she was at fault.
Pictures up later today
picture clearly shows the civic was trying to merge across double white line.. How was it only my fault? I mean it was because i hit her from behind (no sh*t). I think she should be at fault as well for not obeying traffic laws..
Last edited by TrixR4kidz; Oct 5, 2010 at 02:48 PM.
The tolls should have a camera on them that faces out to capture your plates. I would contact the toll to try and get this videos and if that doesnt work contact the judge's office to see if you can get ahold of the prosecutor so they can get the film. I know VA automatically gives you a ticket regardless if you hit someone from behind but the cops will tell you to take it to court to fight it.
+1 on fighting this. I would definitely get in touch with the NTTA to get camera footage.
I've always said that NOTHING good comes out of Oklahoma...nothing. Sorry to hear about this man, I sympathize. I hope that this resolves itself (which it should since you said she confessed that it was her own fault).
I've always said that NOTHING good comes out of Oklahoma...nothing. Sorry to hear about this man, I sympathize. I hope that this resolves itself (which it should since you said she confessed that it was her own fault).
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Joined: May 2008
Posts: 1,630
Likes: 20
From: Dallas Tx
Yulp. At least its an excuse to get a new front bumper.. :P
Walking The Fine Line...
Joined: Feb 2005
Posts: 19,883
Likes: 128
From: The Lounge
So let me get this straight..
Not trying to be a dick, but you say you observed this car driving like a freaking idiot for some distance, were only traveling 40 MPH or so, and STILL managed to hit her in the rear end on a multiple lane highway?
And it's somehow not your fault?
If you couldn't stop from 40, you were too damn close. Period. That, or your reaction time was in the crapper.
Not trying to be a dick, but you say you observed this car driving like a freaking idiot for some distance, were only traveling 40 MPH or so, and STILL managed to hit her in the rear end on a multiple lane highway?
And it's somehow not your fault?
If you couldn't stop from 40, you were too damn close. Period. That, or your reaction time was in the crapper.