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Definition of Failure to reduce speed to avoid an accident

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  • Definition of Failure to reduce speed to avoid an accident

    I had an accident last week. Basically, I pulled into the median between north and south bound lanes of a busy road parallel to a truck that was also waiting for an opening to pull into north bound traffic. The truck took off and I directed my attention to my right watching for an opening to also pull into the north bound lane. When I got an opening I accelerated into the right side of the truck that I had thought had gone. It turned out that the truck had not entered the north bound lane, but lunged forward about 5 feet and stopped. Ok, I admit that the accident was my fault, but the officer gave me a ticket for Failure to reduce speed to avoid an accident. I don’t understand how this was failure to reduce speed when I was coning from a dead stop. Is Failure to reduce speed to avoid an accident just a blanket description for ticketing someone who was in the wrong or was I wrongly given this ticket? Thanks for your input.
    Rick in North Carolina

  • #2
    You should have been able to brake and come to a stop prior to striking the truck. Thats how I interpret the statute. However unless someone goes to the hospital I rarely cite at a crash. I always get the"if you dont write him a ticket his insurance wont pay". To me its enough to get your vehicle busted up.
    Thus the wise win before the fight, while the ignorant fight to win

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    • #3
      I don't know that statute but in New Mexico we can cite for following too close. I think that's similar to the ticket you got and yes its justified in the situation you describe.

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      • #4
        It's an appropriate charge given the situation.
        sigpic

        I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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        • #5
          Here it's "Failure to control to avoid collision"

          28-701. Reasonable and prudent speed; prima facie evidence; exceptions

          A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

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          • #6
            Failure to reduce speed

            Rick, the citation is appropriate. "Failure to reduce speed" does not require that you operate at a certain minimum speed, then fail to reduce it. Any speed is sufficient. Accidents of the type you were involved in happen more often than many folks realize.

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            • #7
              The statue that Desert DPS cited is essentially correct. Simply put, in NC you are required to leave enough space, and maintain the proper speed so that you can avoid an accident if the vehicle in front of you stops suddenly.

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              • #8
                Just a question here, have you paid the ticket? I only ask this because I have charged this violation numerous times and for some reason I hear or see the names of these people on the court docket fighting the charge more times that I can count. I really don't know what is their reasoning or justification is. I was just wondering if this is a trend in NC?
                "Its not cheating, unless you get caught."-Al Bundy

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                • #9
                  Failure to control speed does not mean that you were speeding, it means that the speed you were going was too great to avoid a collision. I've written that citation numerous times...normally when one vehicle strikes another from behind.
                  Moooooooooooo, I'm a goat

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                  • #10
                    The county I work in(Onslow) used to dismiss the charge if you would bring a letter from your Insurance Company stating the other persons vehicle has been fixed. Now they will dismiss if you bring the letter and attend the 4 hour driving school.
                    Thus the wise win before the fight, while the ignorant fight to win

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