Tyler, TX asked in Traffic Tickets and Car Accidents for Texas

Q: Police say I'm at fault for wreck an gave a failure to yield the right away ticket. What do I do?

I was pulling into my driveway when I was hit on my right side by a truck. My car is totaled. Truck had no damage. The speed limit was 45 mph and the skid marks from the accident were 70 ft at least.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Personal Injury Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Take pictures of the skid marks. Put a level on the surface of the road to measure the slope.

With respect to the traffic ticket, plead not guilty and request a trial.

With respect to the car accident, turn in a claim to your insurance and make a claim against the other driver's insurance. If the other driver's insurance denies your claim, file a lawsuit against the other driver for the fair market value of your car at the time of the collision and for loss of use (e.g. the fair rental value of your car) for a reasonable time until you are able to buy a new car.

Note that on dry asphalt with no slope and 100% braking efficiency, a 70-foot skid mark equates an estimated speed of roughly 35-36 mph which is below the posted speed limit of 45 mph according to your question. https://goodcalculators.com/skid-speed-calculator/

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.