QuestionHello Mrs. Pytel -
I was involved in a rear end collision today. It just finished raining outside and as I was approaching an intersection I started to brake, and began to skid. I tried to pump the brakes and even swerve aside, but I continued to get no traction and my car wouldn't sway. A car in the next lane at that point changed into my lane. I hit him from behind. The car I hit had no damage, whereas mine is still being calculated. The man was very nice and wasn't hostile or rude in the least. After received his information, the cop gave me a citation for "safety with a road hazard" for $166.00.
The cop was actually a Florida Highway Patrolman and actually works with homicides. He said he doesn't usually do things like this involving collisions.
I'm curious if I should try to dispute this citation in court - would I even have a chance, depending on the situation? I've never done this before, but I think that the circumstances warrant me to try.
Thank you so much.
Danelle
Answer Hello Danelle,
If it were me, I would absolutely go to traffic court to contest the ticket. You will have an opportunity to explain to the judge exactly what you have told me here.
You don't reference the statute number that you are charged with, but I am going to assume that it is the "Special Hazards" traffic statute, 316.185. In a nutshell, what that means is that even if you are not speeding, if there are "hazards" present, a driver is required to slow down, to be cautious.
You don't mention if the trooper explained why he was citing you. The statute only addresses speed. But I think the key here is that the other driver changed into your lane, and because of that there was an impact. Doesn't sound like that driver was being "extra cautious" himself". In fact, if he hadn't turned in front of you, there would have been no accident.
Simply put, you were charged because you rear-ended him. There was apparently no consideration to the actions of the other driver.
For sure go to traffic court. You might just win. Following is the language of the statute:
316.185 Special hazards.—The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
Hope this helps!
Jane Pytel
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