Accident due to oil on roadway

[asamjones]

Hillsborough County, Florida

I was driving in the rain at 40mph in a 45mph speed limit when I crested a hill (downward slope) and saw a green light at the bottom (about 250ft away) and then realized there were 4 cars still stopped at the bottom of the hill. I began to apply my brakes and after a second or so the tires suddenly locked up without warning and went into a skid. The brakes would not unlock (I pumped the brakes) and I rear-ended the car in front of me that was still stopped in traffic at the bottom of the hill. After getting out you could see a slick of oil on the road surface about 1 1/2 feet wide running from the middle of the hill all the way to the intersection at the bottom (under my right side tires all the way down). I was ticketed for careless driving (too fast for conditions per the officer on the scene). Now I realize the roads are slick when it rains and I've driven my vehicle (full size pickup) for 11 years and 143,000 miles without an accident and have always allowed extra time to stop in the rain. I also realize that the road normally becomes slick when it rains. But I feel that an oil slick 100 ft long is not normal and should be considered in this accident. The officer on the scene noted the oil in the accident report. Should I realistically consider going to court to contest the charges?

 

[rmet4nzkx]

Do they have hills in Fl, I thought Space Mountain was the tallest hill in Fla?

Fact is you were going too fast for the conditions, that is why you failed to stop in time and why you got the ticket.

However, it is good that the police officer noted the oil slick on the road. There are a number of things that can be considered, your long safe driving history, how often you travel that piece of road, was it the first rain in a while, how much or had there been some oil spill, take pictures approaching the hill and along the way, also speed limit or other signs or markings, request a copy of a current road survey to see what the average speed is in that area, stats for any other accidents at that location, this may be difficult to get if there are many others. Also go back at the same time of day/same day and see how many cars nromally stop there.

 

[asamjones]

It is probably the biggest hill I've encountered in our area. What confuses me is the fact that I stopped with plenty of room to stop from 40mph even on a rain slick road under reasonable conditions (raining and slippery). My contention is that 100 feet of oil slicked roadway is not considered reasonable. The officer on the scene even suggested I file suit against the Florida DOT for not maintaining safe road conditiions due to the oil.

How can they say the oil was not a factor and then suggest I sue to DOT due to the oil on the road? This seems extremely contradictory to me.

 

[rmet4nzkx]

It is probably the biggest hill I've encountered in our area. What confuses me is the fact that I stopped with plenty of room to stop from 40mph even on a rain slick road under reasonable conditions (raining and slippery). My contention is that 100 feet of oil slicked roadway is not considered reasonable. The officer on the scene even suggested I file suit against the Florida DOT for not maintaining safe road conditiions due to the oil.

How can they say the oil was not a factor and then suggest I sue to DOT due to the oil on the road? This seems extremely contradictory to me.

Because he has to cite you, but he gave you a big hint as to how to fight it and how to get recourse and theat is why I suggested the things I did. He may already know, but you making a complaint or suing them, in fact if there was damage to the car you hit the Fl DOT could be partially responsible. So you have your work cut out, you may want to consult with an atorney prior to court and any other action, even responding to insurance. Also request a copy of the police report.

 

[racer72]

We call those kind of hills speed bumps here in Washington.

 

[You Are Guilty]

Curious, what kind of truck do you have that it doesn't have ABS?

 

[asamjones]

1993 Chevy 1500 extended cab, short bed. Although it does not have ABS, it does have tires with outstanding wet traction and braking. Due to the sudden torrential rainstorms we have in central Florida, I always make sure to use good tires. In fact, I have never locked up the brakes in the rain before in 11 years of driving it. Of course, I have no doubt that that will leave little impression on the judge.