Accident due to ice in tx, got citation please advice

[User0225]

What is the name of your state? Texas

I was driving on the highway at night. I was around 40 when the speed limit was 55. The road had black ice and it was snowing a bit. Suddenly I saw a truck perpendicular to me in the lane I was driving. My first reaction was that the truck was corssing the road. Then I realized that it was stuck.(Its headlights were on but the hazard lights were not) The truck was actually coming from the other side and had fallen in the ditch and the guy was trying to remove it. I immidiately slammed the breakes and tried to move to the adjoining right lane but I had lost control becos of the ice.(no past experience of driving in ice) My car went and hit the front of the truck(The truck was almost half way in my lane but luckily the two collided at the edge and no body was injured). My car had to be towed as it was damaged over the wheel. I was give a citation "Fail to control speed". I just got the police report and the report reads as if it was totally my fault. The other person was not given any citation not even a warning.(the cop i guess did not even bother to enquire how he ended up in the ditch in the first place) Do you guys think the citation is justfied? Should I fight it? Shouldnt weather be considered a major factor as people are not used to driving in ice in texas. Also I was much below the speed limit, should I not be given some slack because of that? How do you think my insurance companies are going to treat this?
This is my first citation ever. I would really appriciate your advice.

I have also posted the same message in another forum...;Sorry!!!

If you had a wreck, you obviously did not have your vehicle under control, even if (insert your explanation here). Your insurance is going to go way up.

BUT ask the nice lady at the clerk's office if you can have a diversion or a plea of guilty to a nonmoving violation. That will cost you more in the short run but it will pay off big time in the long run.


"Shouldnt weather be considered a major factor as people are not used to driving in ice in texas."

I am always astounded by statements like this; it's as if this is a mitigating circumstance but it is a highly aggravating circumstance. You're saying, "I don't know how to handle those road conditions, so I am going out in my multi-ton, motorized device where there are old ladies and little kids and hope for the best on this ice."

In other words, don't say that to the judge: he's heard it six million times and that was BEFORE the latest big ice storm.

[User0225]

seniorjudge, I underastand what you are saying.

Could you please expalin what "have a diversion or a plea of guilty to a nonmoving violation" means.

Also I am almost 300 miles from the county where the accident happened. I have the phone number of the judge. Do you think I should go there or should I be talking to the judge over the phone and request him to do what you suggested.

Thanks for ur advice.

[User0225]

Also can I request for defensive driving along with "plea of guilty to a nonmoving violation".

Originally Posted by User0225

... Do you think I should go there or should I be talking to the judge over the phone and request him to do what you suggested....

A diversion means going to a driving school or something similar.

A nonmoving violation is, for example, like having a bad muffler.

You could call the court and ask about diversion programs, etc. The judge will not talk to you over the phone.

Most courts require you to appear in person if you are going to have some kind of diversion. You need to ask the court clerk, okay?