If I was cited for “Failure to control my vehicle to avoid a collision”, how do I fight it?

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If I was cited for “Failure to control my vehicle to avoid a collision”, how do I fight it?

I was cut off by a car attempting to cut across 2 lanes of traffic to make a left turn. Had I not slowed down to allow the car to cut in front of me I would have been hit in the right front fender. I allowed the car to merge in, and when about 3/4 into my lane they slammed on the brakes and I rear-ended them. Only damage is to the right front of my car. No damage to other car and no injuries. Do I have a chance of fighting this an winning. I ‘m already out thousands due to a totaled car and can’t afford the fine or any court costs.

Asked on April 3, 2012 under Accident Law, Arizona

Answers:

DRichard White / MoKan Personal Injury Group

Answered 9 years ago | Contributor

The facts as you have stated them suggest that you should not attempt to fight this matter by yourself but seek legal assistance. In allowing the vehicle to merge in front of you consideration should have been given to also allow for the vehicle to obtain a safe distance of clearance ahead of you to avoid an incident such as you describe, even if it meant bringing your vehicle to a complete halt. This you did not do thus when the other driver slammed on the brakes, given the speed of your vehicle and the distance between the two vehicles, you were unable to avoid striking the other vehicle i.e. you fail to control your vehicle in such a manner to avoid a collision. What was not stated in the facts is the reason why the other driver slammed on the brakes nor what you did in response to the situation when it occurred (attempted to also brake, turn to attempt striking the vehicle, ETC). What you did, why the other driver slammed on the brakes, and other considerations could be of great importance in addressing your case and that is why you should seek legal assistance.

 


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