Legal Question in Traffic Law in Texas

Fender Bender's Options

I recently rear-ended a Honda CRV. He braked to a complete stop so suddenly there was not enough time for me to brake completely. I ended up receiving two citations, 1 for the fender bender and the other for non-legible insurance. I am from Mexico and so is my car, therefore it was written in Spanish. The other driver was driving without his license and didn't recieve a ticket. Both the officer that arrived and the other driver are of arab ethnicity. I feel that I was unduly discriminated against in the resulting citations and the other driver's lack thereof. I would like to know what my Legal options are in dealing with this matter. The other driver was on his cell phone when the accident happened and is claiming that it was ''damaged'' in the wreck also. I would greatly appreciate any help towards this matter.


Asked on 1/20/05, 8:39 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Fender Bender's Options

I understand at the outset that my answer is not the one you're looking to hear, but I do not find what you're sharing about the police officer and other driver to be significant. The police officer does not have to issue a citation to the other driver. Even if he did, your citation was still properly issued. I also do not find important the fact that the other driver was on their cell phone. You are required to maintain a safe driving distance between yourself and vehicles in front of you. The fact that you rear-ended someone else demonstrates that you were not doing that. Any number of circumstances may cause a driver to brake suddenly and you must have a safe distance in preparation for that. If your insurance is truly valid and complies with Texas law, you need to properly demonstrate that to the court clerk to avoid a fine. You also should report the accident to your insurance company as soon as possible. Be thankful that nobody was seriously injured.

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Answered on 1/21/05, 12:46 pm


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