Crunched 5000 TX law Question
ScottyCBoy at aol.com
ScottyCBoy at aol.com
Fri May 10 13:01:57 EDT 2002
My claim was denied by Allstate (evidentally I'm at fault because I was slowing down). I am now going to sue the guy in Small Claims court. I have a few legal questions that I am having a hard time finding definitons for.
After passing the blue honda (who rear ended me) and an S10 holding up traffic. I had slowed to take the bend after checking to make sure that noone was behind me (this road was a two lane turnoff) and possibly make a left turn at what appeared to be a turn around (later I found out that there was no turnaround it was a sidewalk). As I was slowing the guy in the Honda had changed lanes without signaling after passing a speed zone ahead sign all while crossing a single white line dividing traffic. All this to pass the S10 that was driving at a much slower pace than myself. The guy in the Honda the rear ended my Audi. He said that I was going slow then "slammed on my brakes and stopped".
Here's some more information..
I was not stopped. The accident occured at my vehicle going approx 25-30 MPH. I stopped about 30 feet forward of the impact site with my brakes locked. The impact didn't set off his airbags so the difference in speed at the time of impact was less than 10MPH.
The initail Accident report I was given a ticket ofr "Impeding Traffic" and he was let go. I got a copy of the report and the officer at the scene wrote down none of my statement taking the other guys side entirely. There we several errors on the police report (wrong date,Wrong color of the vehicles etc) so I got the police report amended
to reflect my version of events and the person who rear ended me received a ticket in the mail.
My ticket will more than likely be dismissed due to the date error.
My insurance adjuster said that his claim against me was denied because there was evidence of slower traffic ahead (numerous skid marks on the road, and the speed zone ahead sign).
I figured that there were at least three infractions of the law done by the person who hit me.
1). Failing to maintane a safe distance from the vehicle in the front.
2) Failing to signal a lane change.
3) Making an unsafe lane change.
4) Possibly making an illegal lane change...
What I would like to know is it illegal to cross a solid white line in the state of Texas?
Should I take this one in the pants or proceed to small claims court? Total cost of repairs to the 5000 is approx 2,500 bucks (I could fix myslef for much less)
Thanks,
Scott
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