Minor Receives Tickets in Nonfault Hit and Run Accident, in a City Park

[AugZor]

My question involves a traffic accident in the State of: Texas

My daughter was with a friend "practicing" in her friend's car, in a 200 acre city park (with road ways). Another vehicle was speeding in the other direction... the car in front of them pulled over to get out of the way, by the time they saw the vehicle they had to swerve to miss them and eneded up in a ditch and hitting a tree on the oppiosite side of the road. The police report says they ended up over 60 feet from where they intially turned to miss the vehicle. The vehicle that ran them off the road took off! The witnesses stayed and called 911. The girls went to the ER, one with minor injuries, the other spent 2 days in ICU. My daughter received tickets for driving without a license and failure to control speed. My questions (after all that) are what are the laws about driving in a park, in Texas, and can she get a failure to control speed ticket, when somebody else ran them off the road? They were behind someone else that pulled over, so they weren't going any faster than the peopole in front of them... the actual speed is still up for debate, but the girls did admit to hitting the gas, instead of the brake, after swerving to miss the other car/truck.

[Mr. Knowitall]

I expect we're talking about this statute:

(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

(1) the operator is approaching and crossing an intersection or railroad grade crossing;

(2) the operator is approaching and going around a curve;

(3) the operator is approaching a hill crest;

(4) the operator is traveling on a narrow or winding roadway; and

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

If you lose control of your vehicle, being cited for violating this type of statute is pretty typical - if you were driving at a safe speed, you should have been able to control your vehicle. I expect that what we're dealing with here is inexperience, but all that means is that she should slow down and drive at a speed commensurate with her experience. Also, hitting the gas instead of the brake when you are confronted with an emergency will cause your speed to be unsafe.

Frankly, I've seen similar cases charged as careless or reckless driving.