Texas_incognito
Junior Member
Texas: Failure to control speed. In the wee hours of the morning I'm driving my 18 wheeler on the interstate. I came upon a tractor trailer parked on the white line with no lights, no four way flashers, and no reflective triangles. I slowed considerably and decided to change lanes to get away from the parked truck. As I started to merge into the left lane a car shot out from behind my trailer and cut me off. To avoid the car I braked hard and turned the wheel to the right which caused me to side swipe the parked 18 wheeler. I was cited for failure to control speed.
The driver of the parked truck stated he was lost and had pulled over to read his map. He moved his truck away from the white line, and turned on his lights and four way flashers prior to the arrival of the police. The officer stated that I was being cited because my vehicle was the only one moving and the parked vehicle could not have contributed to the crash.
The Texas traffic code says: (2) an operator 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.
It is my contention that the parked truck was not on the highway in compliance with the law and the driver had not exercised due care by failing to have his flashers activated or reflective triangles deployed to mark his position. The duty to communicate the potential risk was on him.
Both vehicles involved are commercial vehicles so we are subject to the federal motor carrier safety standards.
Texas admin code chapter 37 section 4.11 Says that the director of the Texas Department of Public Safety incorporates by reference the Federal motor carrier safety regulations title 49 specifically parts 390 through 393.
Section 392.2 of the Federal motor carrier safety regulations says: every commercial motor vehicle must be operated in accordance with the laws ordinances and regulations of the jurisdiction in which it is being operated however, if a regulation of the Federal motor carrier safety administration imposes a higher standard of care than that law ordinance or regulation the Federal motor carrier safety administration regulation must be complied with.
Section 392.22 of the Federal motor carrier safety regulations states: Whenever a commercial motor vehicle is stopped upon the travelled portion of a highway or the shoulder of a highway for any reason other than necessary traffic stops, the driver of the stopped commercial motor vehicle SHALL immediately activate the hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph B of this section. Paragraph B refers to the reflective triangles and it goes on to say that the driver SHALL as soon as possible but in any event within 10 minutes, place the warning devices as required.
If the other driver was not on the roadway lawfully and had not exercised due care, how can a violation for failure to control speed exist?
The driver of the parked truck stated he was lost and had pulled over to read his map. He moved his truck away from the white line, and turned on his lights and four way flashers prior to the arrival of the police. The officer stated that I was being cited because my vehicle was the only one moving and the parked vehicle could not have contributed to the crash.
The Texas traffic code says: (2) an operator 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.
It is my contention that the parked truck was not on the highway in compliance with the law and the driver had not exercised due care by failing to have his flashers activated or reflective triangles deployed to mark his position. The duty to communicate the potential risk was on him.
Both vehicles involved are commercial vehicles so we are subject to the federal motor carrier safety standards.
Texas admin code chapter 37 section 4.11 Says that the director of the Texas Department of Public Safety incorporates by reference the Federal motor carrier safety regulations title 49 specifically parts 390 through 393.
Section 392.2 of the Federal motor carrier safety regulations says: every commercial motor vehicle must be operated in accordance with the laws ordinances and regulations of the jurisdiction in which it is being operated however, if a regulation of the Federal motor carrier safety administration imposes a higher standard of care than that law ordinance or regulation the Federal motor carrier safety administration regulation must be complied with.
Section 392.22 of the Federal motor carrier safety regulations states: Whenever a commercial motor vehicle is stopped upon the travelled portion of a highway or the shoulder of a highway for any reason other than necessary traffic stops, the driver of the stopped commercial motor vehicle SHALL immediately activate the hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph B of this section. Paragraph B refers to the reflective triangles and it goes on to say that the driver SHALL as soon as possible but in any event within 10 minutes, place the warning devices as required.
If the other driver was not on the roadway lawfully and had not exercised due care, how can a violation for failure to control speed exist?
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