12/13/2010 I was in an accident

Discussion in 'Experienced Truckers' Advice' started by TruckDriver23, Dec 14, 2010.

  1. canuck in da truck

    canuck in da truck Road Train Member

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    i would get one of the companys that only deal with truck tickets--a bit expensive--but thats up to you weather you want the points or not
    one question i would ask is if the road was dry--and ice only on the bridge--why hadnt they deiced the bridge?
    maybe failure to maintain roadways?
    good luck
     
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  3. bluebonn

    bluebonn Road Train Member

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    Sorry to hear about your accident. Glad you are OK
     
  4. BarnDog

    BarnDog Light Load Member

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    I'm just sitting here reading a CDL study guide, where it says "FMCSR Part 392 states you should slow down when hazardous conditions exist. This could be snow, ice, fog, mist, dust, smoke, rain or slick roads - anything that reduces your ability to guide or control the vehicle. If conditions are bad enough, you must stop altogether."

    I don't know how the law works with infractions that are specific to a CDL holder , but it sounds like there's a standard for operating under hazardous conditions, and that's why you were cited? And being that you're a CDL holder, you would be expected to be aware of the potential for black ice on bridges, so claiming that you didn't expect it may not be a good defense?

    Good luck, if you can afford it, maybe a lawyer could help with this.
     
  5. rodknocker

    rodknocker Road Train Member

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    It would more than likely work in your favor to show up for court. A truck can slide on black ice while parked with a strong wind blowing. You may get 3 points for speeding if you don't show up for court. Nothing to lose sleep over.
     
  6. Sportster2000

    Sportster2000 Road Train Member

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    They call it black ice because you can't see it, I am sure if you could see it you probably would have slowed down. I say fight it. If you don't it will always be with you.
     
  7. marmonman

    marmonman Road Train Member

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    Always go to court to fight ANY ticket!!
    Don't ever roll over and let them put your chance to make a living at risk !!
    In today's world you can not afford to just pay the ticket and go !!
    That means any ticket of any kind .
    It is your life take control of it !! Don't let anyone or any company control it for you !!!!!
     
    master and rodknocker Thank this.
  8. rodknocker

    rodknocker Road Train Member

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    I've had lots of tickets and never had a ticket go on my record that I showed up in court for. Even the big 35mph over ones.
     
  9. RightSideSlide

    RightSideSlide Light Load Member

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    Might want to try getting the ticket reduced to "obstruction of traffic". Since the truck did block traffic it would be a well fitted reduction. Basically "obstruction of traffic" is a glorified parking ticket which carries no points (This is true in my state so you'll need to check Michigan & your home state to be 100% sure this reduction carries zero points).
    A few months back I laid a fully loaded trash trailer & cab down on the right side. A trooper handed me a summons for "failure to maintain lane" (points ticket). I was able to get that ticket reduced to "obstruction of lane". When negioating w/ the prosecutor, I said "I don't know if you've seen the company trucks, but they're old & ratty, & a leaf spring may have shifted as I was rounding the turn, & when this happens, the front end drops down, then when the weight is off them, they snap right back into place like it never happened. Then I added that I haven't had a moving violation in over 25 years. Then he basically said that if it's true that I hadn't had a moving violation in 25 years, he would reduce the ticket. He had the court do a DMV check on my CDL, & I was good to go.
    Something else you may want to consider is trying to find out the name of the judge you'll be facing. If you do, then find out what law firm he works /worked for, & hire your attorney from that firm. This can help you. Also; Find out the name of the prosecutor, & if you know someone that has access to "Lawyers diaries" give this person the names of the attorneys you're considering for representation, & have him/ her check to see if your pending lawyers have any ties to the prosecutor. Did they attend any of the same schools? or work at the same law firm?. It's my understanding that you'd be in a position to be easily sold out by your attorney if your lawyer has past/ present ties to the prosecutor. The phrase "quid quo pro" in lawyers terms means, "this for that". One of many forms of this would be; The attorney sells you out, the prosecutor gets the conviction to aid in his next review for promotion, & he remembers your attorney as someone he owes a favor to. People's quality of life are bought & sold on a daily basis. Also a lawyers professional background can be examined w/ Lawyers diaries. (Lawyers diaries, in essence, = "Lawyer's DAC report")
    Also note that in some states, attorneys charge an hourly rate (driving time, waiting in court, trail time, etc), which means it can get very expensive. So if he has to drive 2 hrs each way (4 hrs total) & charges $250 dollars an hours, that's $1,000.
    You definitely have a lot of ground to cover & info to gather b4 signing over a check to a lawyer.
    Hope this post helps.
     
    jbatmick and Strider Thank this.
  10. CondoCruiser

    CondoCruiser The Legend

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    Other than your underware, are you saying you locked the brakes up?
     
  11. scottchris71

    scottchris71 Light Load Member

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    I am glad everyone is fine. In the winter month you have to realize black ice could appear at anytime. You have to realize driving with the flow of traffic dont mean its a safe speed.. I have been on a accident review board at my company for 4 years. If this accident was in front of us...with the information present..it would be a preventable accident...plain and simple.I sure would try and get the ticket reduced...otherwise it could haunt you down the road.
     
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