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unsafe speed single car accident texas

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sidsmart

Junior Member
I was driving on an interstate in texas during a heavy thunderstorm. My car hydroplaned, I was in the left lane and veered off the road into the center striking the guard cables. Minor vehicle damage only to my car, no other damage noted. I have no idea how fast I was driving, I had slowed down considerably from the posted limit of 70, I was being passed by 18 wheelers splashing water onto my windshield making it hard to see and causing my light weight car to waver on the road. The officer asked me repeatedly how fast I had been traveling, I told him I do not know, finally out of irritation I blurted out " I don't know really maybe 60". He issued me a ticket for unsafe speed. I had recently had surgery and I had slowed down, watching the road for hazards afraid that having an accident would result in injury from recent surgery. I am contesting the ticket. any suggestions? I noticed that the statute 545.351(b)2 states " shall control speed ....necessary to avoid colliding with another person or vehicle that is on or entering the highway". I did not collide with anyone, I simply hydroplanned off the road, causing no damage to anything other than light damage to my own vehicle ( broken taillight, broken headlight, gas cap door bent)
 


FlyingRon

Senior Member
Yes, but (b)(1) says you have to travel at prudent speeds for the condition (rain, other larger vehicles on the road, etc...).
 

Zigner

Senior Member, Non-Attorney
Well, let's be thorough and not just pick and choose:

§ 545.351. MAXIMUM SPEED REQUIREMENT. (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.


You were driving at a speed that was "...greater than is reasonable and prudent under the conditions...", as evidenced by your accident.

I was driving on an interstate in texas during a heavy thunderstorm. My car hydroplaned, I was in the left lane and veered off the road into the center striking the guard cables. Minor vehicle damage only to my car, no other damage noted. I have no idea how fast I was driving, I had slowed down considerably from the posted limit of 70, I was being passed by 18 wheelers splashing water onto my windshield making it hard to see and causing my light weight car to waver on the road. The officer asked me repeatedly how fast I had been traveling, I told him I do not know, finally out of irritation I blurted out " I don't know really maybe 60". He issued me a ticket for unsafe speed. I had recently had surgery and I had slowed down, watching the road for hazards afraid that having an accident would result in injury from recent surgery. I am contesting the ticket. any suggestions? I noticed that the statute 545.351(b)2 states " shall control speed ....necessary to avoid colliding with another person or vehicle that is on or entering the highway". I did not collide with anyone, I simply hydroplanned off the road, causing no damage to anything other than light damage to my own vehicle ( broken taillight, broken headlight, gas cap door bent)
 

HighwayMan

Super Secret Senior Member
...splashing water onto my windshield making it hard to see and causing my light weight car to waver on the road.
I don't care how "light weight" your car is, water splashing on it will not cause it to "waver" - unless it's Niagara Falls.

And if that was the case then you needed to slow down even more. Or pull off the road until the thunderstorm passed.
 

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