If I was involved in an accident with a deer andI was given a “failure to maintain control of my vehicle” ticket, can I fight this?

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If I was involved in an accident with a deer andI was given a “failure to maintain control of my vehicle” ticket, can I fight this?

Hitting the deer is what caused me to lose control. I was told, not by an officer, that the skid marks were over 200ft long and that I could have been going in excess of 80 mph. I don’t remember my speed at all. I just remember hitting the deer and careening off the road and into a river. I had to escape with my life before drowning. I lost everything. No personal property damage. The case was an open and shut situation with my insurer since it was involving a deer and I had comprehensive. I took pictures of the marks and the deer.

Asked on December 28, 2011 under Accident Law, Virginia

Answers:

Allan Ziffra / Rue & Ziffra, P.a.

Answered 10 years ago | Contributor

I think that you could beat this ticket. It would depend on the wording of the statute in the state where in accident happened and the ticket was issued. In general, an unexpected emergency like hitting a deer, would be a defense to "failure to maintain control of a vehicle". Contact a lawyer in the state that you are in or try googling the statute number. You can then read the statute and see if you have a reasonable chance of beating the ticket.


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