Q: my brakes gave out and I hit a guard rail. Wasn't speeding and no other cars involved. Got ticketed for Due Care?
I totaled my car on a highway going the speed limit. I went in for a turn onto an on-ramp but my brakes gave out. No way of knowing it would happen. I maintained as much control as possible and even purposefully avoided a car, and then straight into the guard rail.
A: I am sorry for your accident and I hope you are okay. If your brakes failed and you had an accident most judges would take that in to consideration and likely dismiss your ticket. You will likely need some sort of proof from a car mechanic that says he/she examined your car and there was something wrong with your brakes. Without this the judge may question whether your brakes really went out or whether you lost control. You can go in and take your chances and tell the judge without something in writing from a mechanic- but you would be better off with something in writing. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
