Hi all,
I need your help. One of my driver got in an accident today and received what appears to be an unfair and bogus ticket.
She was in Colorado I-70 heading west bound traveling about 40 miles an hour. Road condition was a little slippery.
The accident occurred when she changed lanes to pass another vehicle. As she was changing lanes, an automobile behind her sped up to try to pass her. But because the automobile couldn't pass in time, the automobile swung out to the shoulders to go around her. As the automobile did that, the automobile spun out and hit her container.
According to what my driver told me, she signaled way in advance before she switched lanes.
When the sheriff came, my driver was issued a ticket for "changing lanes in unsafe road condition". The ticket carries a 3 point impact on her license.
My question is:
1) Is the ticket unfair?
2) If my driver is convicted of this offense, what should I do? Your insight would be grateful.
Ticketed for changing lane in unsafe condition in Colorado
Discussion in 'Trucker Legal Advice' started by kenwortht660, Feb 20, 2010.
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Yes it's unfair and a good attorney will get it reduced or dismissed .bullhaulerswife Thanks this.
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I beg to differ. It could be a valid charge depending on where "the automobile behind her sped up to try to pass her" was located. Not sure also what is meant by "swung out to the shoulders". Was the car passing the truck on the left or right and how many lanes are we talking about (I am assuming probably 2)?
It is nice that the truck signaled their intentions, but if a vehicle is already in that "passing" lane gaining ground on you, then you need to defer to them.
If the auto was playing NASCAR and drafting on the truck before attempting to pass, then you possibly have a case.
**This is pure guess** If the truck hit the car and made it spin out, this is usually caused by a side strike on the vehicle, which means the vehicle was already in the "passing lane". Otherwise the car would strike the rear of the trailer and would cause it to spin out straight to the median or shoulder, and not strike the container. -
Like you've never had a four wheeler pass you on the shoulder.
No. If the driver of the car was over the yellow line making a pass, they have left the "road" -
You are correct, I've seen many a four wheeler pass on the shoulder. My experience, just my experience, whenever a car makes a passing lane beyond the yellow line, ie. the shoulders, law enforcement usually frowns on this and lets them hold the ticket, not the vehicle that was in a legal travel lane. Once again, just my experience.
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thanks for the reply all.
what I meant with "swung out to the shoulder" was the car drove onto the shoulders to try to pass my truck.
my driver had a chance to look at the damage this morning and it appears that the automobile hit the tool box on the driver's side right behind the fuel tank. this is actually a bit of good news and a blessing if that is all that's damaged. now the tool box is tucked in (at least 3 inches) and wasn't sticking out. so, how that automobile hit my truck is very telling and was consistent with what my driver had said.
the automobile skid into my truck as he was on the shoulder. the damage to the automobile was in the front and passenger side.
would you guys agree that base of the location of where my truck was hit and the location of where the automobile was hit, that the driver of the automobile was at fault because he was driving agressively. he could have pull back when my driver was already on the second lane. My truck is at least 65 feet long (tractor trailer combo). how could a car hit the front of my truck if he wasn't driving agressively? If he hit the back of my trailer, that would be a different story. don't you think? -
My guess is you may have the whole story. I would imagine a accident investigation was done by the police. I also imagine the two insurance company investigators will look at it also. Somewhere in the mix is the whole story. -
I actually know a driver that got a ticket in VA for this. He switched lanes and a car was coming up fast. She was on the cell phone and didn't realize e switched lanes. He swereved back when he noticed she wasn't slowing down but she crashed into the median. He was issued a ticket for improper lane change. The charges were eventually dropped because she did not show up for court but Crete let him go before the court date due to the incedent.
My advise to you is get a lawyer and fight it down to no points at least. -
Well not being there it's really hard to say but from what you are describing here it would appear to be the 4-wheelers fault but.....could your driver have prevented this by not proceeding with the pass until the car was pass her? Even though lots of these things are the fault of others they can still be prevented. Having said that, if the car was trying to be a jerk and "get around the big truck" then personally I would be glad to hear that they ended up in the ditch with a good sized tow bill and some damage to their car, hopefully with no injuries. This seem to be happening more and more and there is really nothing we can do about it but protect ourselves. In order to protect her license and before a conviction I would suggest the lawyer route even though on the short run it might cost a few $$$
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Just curious your profile says student however your post states "one of your drivers?" Maybe I misread something. At any rate I hope when I get back out there if I have a problem the owner will come to my defense and be so concerned about my points.
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