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FLAT TIRE-FAILURE TO CONTROL?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

DRUMFRAME

Guest
I GOT A FLAT TIRE IN A COMPANY TRUCK AND IT PUULED ME OFF THE ROAD. I WAS ABLE TO KEEP THE TRUCK FROM ROLLING BY TURNING INTO A FIELD, PULLED TRUCK BACK ON SHOULDER, WENT FOR HELP. CAME BACK TO A STATE PATROLMAN GIVING ME A TICKET FOR FAILURE TO CONTROL. I FEEL I DID CONTROL IT, I DIDN'T ROLL THE TRUCK. ANY CHANCE AT FIGHTING IT?
 


L

lawrat

Guest
i am a law school graduate awaiting bar results. i am only giving you general guidance, this in no way creates an atty-client relationship.

I do believe you may be able to fight it.....if you can prove (probably through mechanic inspection, road conditions, etc, your driving speed if it can be shown not to be have been the cause). i suggest contacting an attorney who deals with accidents of this nature to help put the "case" together. contact attorneypages.com and locate one in your area
 
N

namen

Guest
I have NO law school! and no interest in law.

I was wondering if the officer can testify against you? Was he responding to a call? Did he actualy see the accident? If you were able to walk away from the vehicle without noticing the police officer approaching, did he see you? can he place you in the van at the time of the accident? Dose he have witnesess? were there cars close to you when it hapened(I know that was not what you were thinking about at the time)? Was any property dammaged besides the van? I take it the truck dose not have power stearing. The police cars do they can loose a tire and have the power steering on their side to keep them in control. all you (may;may not) have had was brute strength. I don't know if this is true but it might help. also read the statute or ordinance carefully. I don't know but it might have a alounce for mechanicle failure. had you have hit something that would be diffrent but it sounds like you saved the truck and your life and did not damage any property.
 
W

wilbergris

Guest
I'd read the law carefully and perhaps consult an attorney to clarify anything for you that may be unclear. If Failure to Control is an offense that will effect your auto insurance, I'd definately fight it or plea for a lesser charge because a blown tire is something that you cannot control. Otherwise if all else fails, pay the jerks in unrolled pennies!!
 

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