Here's what happened:
Yesterday afternoon I was driving home from work after a short heavy rain during rush hour. It was still raining lightly. I was traveling on I235, the interstate that goes through Des Moines, in a section that had just been rebuilt a year ago. I was traveling around 55 mph. While going around a bend in the left lane, I came up on standing water that came all the way across my lane and into the middle lane and extended for about 40 feet in length. There was someone next to me so I could not move over and I did not have enough time to slow down. I tried to control the vehicle through the hydroplane, but the right tires kept getting and losing traction through it which sent me into a spin that bounced the front of my car off the left wall, after which I ended back in the left lane facing backwards. At which time the car behind me ran into the front of my car and spun me around to face foreward.
The officer listened to both of our stories which were the same as I describe here. He chose to give me a failure to control my vehicle ticket and to say that I am also responsible for the damage to the van that hit me. When I asked him about the standing water and the hydroplaning, he said that he knows that is what I said. I then asked him whether he saw the standing water that I pointed out to him when he got there (it had gone away by the time I recieved my ticket an hour later). He said that he did not see it. I have a friend that witnessed the accident and the other driver corroborated my story, but had been told that she could go before he gave me my ticket.
I have witnessed several situations where a person did not get a failure to control a vehicle ticket because of weather conditions. It was usually during the winter.
1. Should I have recieved a failure to control my vehicle ticket considering the standing water?
2. Why did the other driver not get a ticket also? She was not able to stop in time and said that it was because of the water.
3. Why would I be responsible for the damages to her vehicle when she hit me?
This was a young officer and I think that he made poor judgements in his determinations.
I would appreciate any advice that any of you can offer.
Thanks,
Joe
Yesterday afternoon I was driving home from work after a short heavy rain during rush hour. It was still raining lightly. I was traveling on I235, the interstate that goes through Des Moines, in a section that had just been rebuilt a year ago. I was traveling around 55 mph. While going around a bend in the left lane, I came up on standing water that came all the way across my lane and into the middle lane and extended for about 40 feet in length. There was someone next to me so I could not move over and I did not have enough time to slow down. I tried to control the vehicle through the hydroplane, but the right tires kept getting and losing traction through it which sent me into a spin that bounced the front of my car off the left wall, after which I ended back in the left lane facing backwards. At which time the car behind me ran into the front of my car and spun me around to face foreward.
The officer listened to both of our stories which were the same as I describe here. He chose to give me a failure to control my vehicle ticket and to say that I am also responsible for the damage to the van that hit me. When I asked him about the standing water and the hydroplaning, he said that he knows that is what I said. I then asked him whether he saw the standing water that I pointed out to him when he got there (it had gone away by the time I recieved my ticket an hour later). He said that he did not see it. I have a friend that witnessed the accident and the other driver corroborated my story, but had been told that she could go before he gave me my ticket.
I have witnessed several situations where a person did not get a failure to control a vehicle ticket because of weather conditions. It was usually during the winter.
1. Should I have recieved a failure to control my vehicle ticket considering the standing water?
2. Why did the other driver not get a ticket also? She was not able to stop in time and said that it was because of the water.
3. Why would I be responsible for the damages to her vehicle when she hit me?
This was a young officer and I think that he made poor judgements in his determinations.
I would appreciate any advice that any of you can offer.
Thanks,
Joe
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