Introduction
There are dozens of reasons as to why a car accident may occur, but one of the most common reasons is that a driver fails to reduce their speed and ends up crashing into the vehicle in front of them. The driver in such an accident may receive a “failure to reduce speed” ticket from a police officer, which will be determined after the officer arrives on the scene and has time to investigate the cause of the accident. Fighting a failure to reduce speed ticket that resulted in an accident is challenging, but can be done with the right legal support.
Failure to Reduce Speed: Meaning
While the name of the citation “failure to reduce speed” seems simply enough, let’s go over the legal definition set by the Arizona State Legislature. First, we will take a look at ARS 28-701, which defines the responsibility of the driver on Arizona highways:
To put in terms that are easier to understand; as a driver it is your responsibility to not only drive the speed limit, but reduce your speed if the situation deems that it is necessary. So, if it is rush-hour and the highway is full of slow-moving vehicles drivers are expected to match the speed of the traffic.
There are multiple reasons that this law was created, but the most important reason is to ensure the safety of the driver and the other people around them.
Failure to Reduce Speed in Arizona: Penalties
Receiving a traffic ticket has consequences and receiving a failure to reduce speed violation is no exception. In Arizona, if charged with a failure to reduce speed traffic violation you will be fined (there is no set amount, it varies from court to court) and receive 4 points against your driving record.
If you receive 8 or more points on your driving record within 12 months, you may be required to attend traffic school and potentially have your driver license suspended for one year. Use the following link to learn more about the MVD Point System in Arizona.
Causing an Accident By Failing to Reduce Speed
Failing to reduce speed may not only see the driver receiving a ticket, but can also cause a car accident, which will almost certainly be a “rear end” collision. Rear end collisions are the most common type of car accident, making up 45.98% of all car accidents in Arizona, according to the 2015 ADOT crash facts report.
Besides being the most common type of accident, rear end collisions can cause severe personal injury and even death. Not only is receiving an injury painful, but the expenses that come along with it, such as medical bills and rehabilitation, can have a huge financial impact.
While these types of circumstances is why it is a legal requirement in Arizona to drive with insurance, there is the possibility that the insurance company cannot cover all of the expenses. In such a situation the driver responsible for the accident will have to pay the remainder out-of-pocket.
Victims of Failure to Reduce Speed Car Accidents
The victims of failure to reduce speed car accidents are often times the ones that suffer the most from the collision, physically and financially. Due to the forward-jerking motion that typically occurs from being the victim of a rear end collision, there is likely to be some sort of injury to the neck, spine and/or back.
Due to the severe amount of pain that these kind of injuries can cause, it can take victims months or even years to fully recover from the accident. This recovery will also be considerably expensive when you take into account medical bills, missed time at work and rehabilitation. Which is why the first thing we recommend car accident victims do after the accident is contact a personal injury attorney.
A personal injury attorney will be able to help the victim receive the full amount of compensation that is required to recover physically, mentally and emotionally from the car accident. A personal injury attorney can also be the person responsible for contacting the insurance company and represent the victim if they end up going to court.
How to Fight a Failure to Reduce Speed With Accident
Fighting a failure to reduce speed ticket that resulted in a car accident will come down to proving the innocence of the driver that was originally held responsible for the accident. It is important to note that while a police officer will make a decision who they believe is responsible for the accident at the scene, this does not mean that is the final judgement.
If you were the driver originally deemed responsible for the accident, but you do not believe that the accident was your fault, you should contact a criminal defense attorney. A criminal defense attorney will protect your rights and use any evidence, police report information and witness testimonies to defend your claim.
How JacksonWhite Can Help
JacksonWhite is a full-service law firm, meaning that we have attorneys that practice in every category of law in the State of Arizona. In this specific situation there are two ways that we can help:
(1) Represent the victim of the accident.
Our personal injury team is lead by Jared E. Everton, who has over 20 years experience helping Arizona car accident victims receive compensation for their injuries. We offer a free case evaluation and if we end up representing you, we guarantee that we will get you a settlement or you don’t pay!
(2) Represent the person originally determined as being responsible for the accident.
Our award-winning criminal defense team can help defend you if you believe that you are not responsible for the accident or failing to reduce speed. Our criminal defense team also offers a free case evaluation, so there is nothing to lose by speaking with one of our attorneys.
Call our Personal Injury team at (480) 467-4392 to discuss your case today.
