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Unsafe Speed Resulting from Traffic Accident

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  • 08-01-2008, 07:55 AM
    jnafraz
    Unsafe Speed Resulting from Traffic Accident
    My question involves a speeding ticket from the State of: Texas, Cass Co. I was involved in a traffic accident last week. I was cited for Unsafe Speed. The accident was as follows: Two lane Farm to Market road no improved shoulders of any kind. Posted speed limit is 65 mph. I was traveling through a curve with a recommended speed posted of 40 mph. I met a motorcycle in the middle of the curve which drifted into my lane. I was forced to evade him to the ditch. The motorcycle did not stop.

    The Texas DPS Trooper who investigated the accident. gave the following two justifications for writing me an "Excessive Speed Citation". When I read the ticket later it was actually for "Unsafe Speed".

    1. He said I traveled 3??.2 feet off the roadway. He came to this 'precise' measurement by "pacing" the distance off, no legitimate measuring device was used. (I don't remember the exact distance I was just dumb founded that he would try to be that accurate with a paced measurement.

    2. He drove the roadway and was able to hold the curve with out difficulty or touching either the yellow or white line at the posted speed of 65.

    My contention is that while I don't know exactly what speed I was driving I was not speeding above the 65 mph posted limit. The accident was caused by the motorcycle forcing me to evade him (so I didn't kill him) into the deep ditch on the outside of the curve. ( I was traveling through a left hand curve). There were no other witnesses. It was a very rural part of the county. The motorcycle was not found.

    I am a paramedic and the company I work for is very strict on driving policy and enough citations and I could be considered uninsurable by the companies insurance and thus loose my job. I don't believe that this citation will cause me to loose my job by itself. However it could push the accident into collision on my insurance and not uninsured motorist or "hit and run." The two together could put me on driving probation of some kind at work. The companies insurance looks at both traffic tickets and insurance claims.

    I intend to fight the ticket. I have spoken to the Justice of the Peace and he said he can't do anything except take my plea. He recommended I speak to the DA and or the Troopers Sergeant.

    I would appreciate any and all advice. I would love to have a better understanding of the actual traffic code referenced by "Unsafe Speed"
  • 08-03-2008, 08:28 AM
    Mr. Knowitall
    Re: Unsafe Speed Resulting from Traffic Accident
    The concept of "unsafe speed" is pretty simple - that your speed was unsafe given the traffic, road conditions, etc.
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