Legal Question in Traffic Law in Texas

Failure to control speed

If one receives a ticket for ''failure to control speed'' due to having had an accident, is there any defense which can be offered; or, if by having had an

accident it indicates speed was not controlled? The

particular incident involved running through a barbed-

wire fence at the end of a road which had no guard-rail or reflectors indicating the road terminated at

night.


Asked on 1/02/01, 10:23 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Failure to control speed

Clearly one can mount a viable defense on the basis that the wreck was caused by the lack of traffic control devices on this road and that speed was not a factor.

That should win the case if you are correct on your facts and can demonstrate the wreck would have occurred with or without excessive speed.

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Answered on 1/05/01, 8:30 am


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