Issued speeding ticket in accident.

[JMark1]

Yesterday on my ride in to work I took my exit from Thruway and lost control of car. I was probably going too fast but nothing unusual from any other given day. Road was slick from early morning fall dew. This exit dips as it goes under an overpass therefore may explain why car hydroplaned. I completely missed barrels and slammed into concrete wall. Both airbags deployed. I quickly hopped out as I was uninjured and went through process of flagging down help and moving car to side of road and awaiting a tow. The car is a '95 and looks to be in such bad shape that it won't be worth repairing. I am still awaiting insurance's word after looking at vehicle but am expecting them to call it totaled. Already looking forward to new vehicle. Problem is, the state trooper who arrived at scene and took accident report also issued me a ticket. The ticket is for "unreasonable speed/special hazards". I guess I should say that I wasn't injured, no other cars were involved and I only caused damage to my vehicle(the concrete wall looks beautiful). I am already concerned that my insurance may go up due to filing the claim. In fact, if not for this ticket I considered NOT reporting this accident due to the car being so old. I've been driving for over 20 years and have a spotless record with NO claims. This is NY state and I will also surely have my insurance go up farther due to points from speeding ticket in addition to claim from accident. What I'm asking is, should I fight ticket since the officer arrived at scene after the fact? I mean, the road was wet and I DID inform him that I HAD received a "check engine" light shortly before accident. Is this something which I should contact an attorney for or if I contest it, do I have a chance to win? Seems bad enough that I already lost my vehicle without slap in the face of the ticket. I mean, I even had tow truck driver drop me off at work. Just a poor schmuck who had a bad day. Seems he could've given me a break.

 

[moburkes]

Even without the ticket, there is still a police report, right? Therefore, the accident is already on your record. Many insurance companies will ony charge for the highest point violation (insurance points, mind you) on a day, meaning that you will only be surcharged for the accident. Its up to you if you want to fight the ticket, but I don't understand what your defense is.

 

[You Are Guilty]

Its up to you if you want to fight the ticket, but I don't understand what your defense is.

Can't you read? It's the "I don't want a ticket after I caused my own accident" defense, popularized by none other than the late, great Johnnie Cochran I believe. Get with the times, will you?

 

[moburkes]

Can't you read? It's the "I don't want a ticket after I caused my own accident" defense, popularized by none other than the late, great Johnnie Cochran I believe. Get with the times, will you?

I'm sorry YAG. Don't hold it against me, okay?

 

[You Are Guilty]

Well, all right, we can let it slide, this time. (But only because of that time you told that other poster about the super-secret, lawyers-only defense technique to getting out of unreasonable speed/special hazard tickets in NY).

 

[moburkes]

sssssshhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

 

[ecmst12]

Well, if you fight the ticket it might be reduced to a no-point violation, which may or may not help your premiums, but it won't make the accident any less your fault. If you have collision coverage you might as well file the claim, it will help offset the cost/down payment of your new car, and it's not like your insurance company isn't going to know about it anyway. If you damaged the median, the city could come after you for that damage too, which your insurance will also cover.

 

[JMark1]

well I was just looking for some advice, not sarcasm. My defense is how does he know I was speeding since he WASN'T there. Like I said before, the road was wet and I received "check engine light" shortly before losing control. I drive this way to work every day and I'm obviously not going to deliberately drive into the wall. His word against mine. No witnesses.

 

[JMark1]

Thanks ecmst12. I already have filed the claim. The trooper already acknowledged there was no damage caused except to my vehicle.

 

[ecmst12]

You weren't cited for speeding, you were cited for going too fast for conditions. And the evidence of this is you crashed. Too fast for conditions does not require an objective measurement of your speed.

 

[moburkes]

Okay. So are you going to ask for a "lost control of vehicle" ticket, instead, since that is what you said that you did?

Unreasonable speed/special hazards doesn't mean that you were speeding. It means that you were driving too fast for the road conditions, or you wouldn't have hydroplaned and hit the wall.

What does the check engine light have to do with anything? You are responsible for maintaining your vehicle, so that won't help you.

Again, the ticket will probably not affect your insurance. However, you can simply contact your agent and ask them. They won't add it to your record, but they will be able to give you a quote.

 

[JMark1]

OK..this helps. When looking at the ticket, it is hard to distinguish what fine to pay. None are selected. I actually wouldn't mind just paying the fine. Like I said before, I was just concerned about my insurance going up further as a result of the ticket.

 

[moburkes]

Call and ask. Again, call your insurance company.

And by the way, along with the sarcasm, I did give you some advice. Both were free.

 

[ecmst12]

Check engine light has nothing to do with your ability to control your vehicle, by the way. Usually it's a minor bug in the emissions computer. Nothing that's going to cause an accident.

Going to court for the ticket can't hurt. Like I said, they might reduce it to a no point ticket, but it's not likely to reduce the fine (and may even increase it for court costs) and it may not affect your insurance premiums either way. Check with your insurance company if a couple of points will raise your premiums over and above the accident alone.

 

[JMark1]

Thanks guys.

BTW, moburkes, that IS what I typed into Google, "free legal advice"

I certainly HOPE the sarcasm is free cuz I really doubt you'd get many takers if it wasn't.

Then again, you COULD provide a disclaimer which reads: we reserve the right to heckle you if your case proves to be worth nothing.

Again, thanks for your help.