careless driving in new jersey

my husband is a truckdriver. 2 weeks ago when travelling in new jersey my husband was involved in an accident. it was pouring rain and visibility was poor. he was in the far right lane in order to maintain a safe driving speed and avoid splashing driverside car with rain water. a service truck was broken down on the side of the road. my husband saw it and since it appeared to be close to the road swerved slightly. the passenger side mirror clipped the utilty trucks tool box and proceeded to wipe out the side of the trailer and damage the service truck. bottom line, at the scene the police officer told my husband he would probably be getting a careless driving citation in the mail which he did. the accident report states that another trooper saw the service truck safely parked on the shoulder (no mention of 4 ways) the report states that for reasons unknown my husband's truck swerved right and struck the service truck. the officer told my husband that someone had to get a ticket. this ticket is a very negative charge to be on his driving record. besides it is unwarranted. what are our chances of getting this thrown out?

[racer72]

Your husband hit a vehicle that was not moving. Even swerved to hit it. And he received a citation for hitting a vehicle that was not moving. Common sense says you do not run into things in, on, or around the road. Unwarranted? I'll bet any judge will disagree. Mistakes happen, your husband will have to live with it.

thank you for replying. i guess i failed to mention that the trucks tool box was in the driving lane and my husband had taken pictures that prove this.

If the tool box was attached to the truck and the driver had no control of it being in the lane since his vehicle was broken, then he is not at fault. Only if he intentionally put the box encroaching in the lane there is a possibility of him being cited for obstruction of traffic. Even if his truck is broken down in the middle of a lane, there should be enough sight distance for other vehicles to stop and/or go around him. Pouring rain isn't an excuse either since a drivers speed should be prudent according to permissable conditions.

Thank you for your opinion. so i guess that it was my husband's fault.

HI;
IF YOUR HUSBAND CAN ARTICULATE THAT WITH HIS DRVING EXPERIENCE, HE USED EVERY PRECAUTIONARY MEASURE POSSIBLE, IT MAY BE THROWN OUT. HE PULLED TO THE RIGHT FOR NOT ONLY HIS SAFETY, BUT THE SAFETY OF OTHER DRIVERS ON THE ROADWAY. HE DID NOT KNOW THERE WOULD BE A VEHICLE DISABLED ON THE ROADWAY. THEREFORE, WHEN HE WAS LOOKING IN HIS MIRRORS FOR OTHER VEHICLES ON THE ROADWAY HE MAY HAVE SEEN THE VEHICLE A LITTLE LATE THAN NORMAL DUE TO POOR VISIBILITY. ALSO, WERE THERE ANY TYPE OF MARKERS IN THE ROADWAY SUCH AS FLARES OR OTHER SAFETY MEASURES. HOPE THIS HELPED. ALSO, 39:4-97 STATES A PERSON WHO DRIVES A VEHICLE CARELESSLY OR WITHOUT DUE CAUTION AND CIRCUMSPECTION IN A MANNER SO AS TO ENDANGER OR BE LIKELY TO ENDANGER A PERSON OR PROPERTY SHALL BE GUILTY OF CARELESS DRIVING.
ALSO, SOME POLICE DEPT.'S ARE REQUIRED TO SHOW FAULT WHEN A CERTAIN VALUE OF DAMAGE OR INJURY HAS BEEN SUSTAINED AS A RESULT OF A MOTOR VEHICLE ACCIDENT. SO, THE OFFICERS WERE NOT WRONG IN ISSUING A SUMMONS, BUT YOUR HUSBAND MAY HAVE A GOOD SHOT AT HAVING THEM DROPPED.
GOOD LUCK.