Legal Question in Traffic Law in Washington

Roll over accident caused by a tire bursting

While my son was driving on I-182 East, his car began to lose control and then rolled over. My son was not hurt and no other car was hit. The state patrol came after some time, and they gave my son a ticket for negligent driving, saying that the skid marks indicated he was going too fast. Later on, when I looked at the car, I noticed that the right rear tire was burst. I feel that that was what caused the car to roll over. What chance do I have of overturning the ticket in court?


Asked on 3/11/02, 5:47 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: Roll over accident caused by a tire bursting

The question is whether the blowout caused the accident or vice versa. If you want the judge to consider your argument, you should attempt to introduce evidence to substantiate the defense, i.e. report from an accident investigator or tire expert.

You need to obtain a copy of the trooper's accident report as well as his credentials (experience and training). Not all troopers are trained in accident investigations. A tactical approach would be to wait until the accident report is provided. If you do not receive it until the hearing, you can ask for a continuance to prepare an adequate defense.

If the trooper fails to conduct an accident investigation or file an accident investigation report, and only submits a conclusory statement about the cause without foundation, you should prevail. Remember, he did not observe the accident.

If you request a copy of the report and it has not been filed, you are "waking a sleeping dog".

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Answered on 3/11/02, 10:24 pm


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