OK the backstory…
I was driving through pennsyltucky in an ice storm going about 45-50 in a 65.
i was in the left lane, truck in the right. i had gotten into the left lane because the truck was tossing snow and winds in my direction.
truck sees broken down pickup/trailer on the right shoulder; swerves into my lane. side winds send me onto the yellow median line. truck slows; hits me from behind, sends me spinning; i spin around, stay in my lane as best as i can. truck pushes me along in a t-bone fashion for a little bit, and i eventually go off road into the center median (grass).
30 minutes later a trooper finally shows up. he doesn’t really want to get out of his car except to yell and wave hysterically at oncoming traffic for not slowing down. he takes my story, which is basically, “truck swerved into my lane, but i don’t really know how i ended up spinning, i mean there was no fishtailing or anything, i just spun”. he doesn’t get the truck driver’s story (probably due to his thick accent).
so due to his crappy police work. that is, not noticing the damage to my rear right bumper indicating i was likely hit first (if i was hit while spinning it would have been on the left side), not getting the story of the truck driver, not raising a red flag when the truck driver didn’t know his truck model or license plate, not catching that the truck’s insurance expired MONTHS ago… i got a ticket in the mail, weeks later, for leaving my lane. it’s a $25 fine but comes to over $100 with fees.
i’m thinking i should call the court and see if i can get it verbally straightened out and calling geico so they don’t hold this against me. as far as i can tell, no points?
ticket says:
S 75 Sec3309 SubSec1 Disregard Traffic Lane (Single)
Charge: Driving on roadways laned for traffic
Description: Defendant failed to drive within single lane and went onto the berm losing control of his vehicle and striking another vehicle
truck swerved into my lane. i either went left to give him some room or side winds bumped me a few inches onto the slush covered yellow line. i never hit any rumble strip or anything. a short while later the back had completely gone around. the only thing i can think of is i either jerked the wheel really hard and overcorrected even worse on the way back into my lane (which i feel i would have had more feedback from the car in response to) or i was bumped from behind.
the dent in the right rear quarterpanel and cracked right-rear taillight make me think i was bumped from behind. but it was a traumatic or quick enough accident that i don’t remember that particular part. i just know it spun pretty quickly.
Pennsylvania Consolidated Statutes
THE VEHICLE CODE (TITLE 75)
PART III. OPERATION OF VEHICLES
CHAPTER 33. RULES OF THE ROAD IN GENERAL
Subchapter A - General Provisions.
§ 3309. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others not inconsistent therewith shall apply:
Driving within single lane.-A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.
[Webmaster note: Section 6502 provides that for violations of provisions of this title (or any provision of a regulation promulgated under the authority of this title) the fine shall be $25 unless otherwise herein provided, and that insofar as it relates to fines and imprisonment for convictions of summary offenses Title 18 is inapplicable to this title.]
i think i’ll still call the court and see if there is anything i can do by phone or mail. if not, i’ll pay it.
i’m going to clear it with geico also so that it doesn’t change their determination of liability
if i plea not guilty, i HAVE to go to court. no way around it. no asst district attorney, no plea by mail, no one to call.
i called geico, they still have not received a statement from the truck driver.
i emailed my claim handler to make sure i got everything out and to ask if pleading guilty, which would be a lot easier, would acknowledge liability.
you are lucky you didn’t get more tickets for “failure to control vehicle” etc. etc.
the only hope you have, is explaining to the judge what happened…and how you feel in this circumstance you recieving a ticket doesn’t seem warranted. etc. etc.
geico says the only information they have is my statement. they haven’t received the police report yet. they haven’t heard back from the truck driver. they havent heard back from the truck owner, etc etc. and they can’t make a decision without additional information. so it sounds like the only information will be the police report. hopefully the truck got the same ticket i did, but who knows. i can request the police report as well, so i will do that.
they said it’s up to me whether to plea guilty or not as it won’t affect liability. she said i could go ahead and pay it if that’s easier but then if the truck’s insurance company decided to go after me for their damages- me pleading guilty once they saw that, would negatively affect that and geico would have to fight that and has a greater chance of losing.
so i still haven’t decided what to plea. it sounds like pleading not guilty and driving 6 hours and wasting a day could offset problems i would incur later on…