Dammit, I am having a crap day. It started out ok, left the house at 5:40, checked the sky (starry night, warm but not too warm), popped the top on the del Sol (POS Ford Escape is in the shop for warranty work) and set off on my daily trek, wind in my hair, thoroughly enjoying the sunrise (hey, you gotta do something!!)......

Then I start to encounter more traffic a little before 7:00, as I approach Houston. Hwy 290 goes from 2 lanes each way to 3 lanes each way. I'm cruising with traffic at ~60ish (55 limit). We're easing past slower vehicles (semi's, etc) and traffic is getting heavier. Its pretty much nose to tail at highway speeds (typical stuff for the morning commute). I've often wondered - with the number of cretinous, blind, cell-phone using idiots in Suburbans and Excursions, I really wouldn't have much of a chance to stop safely if the need arose - more likely someone would plow into me from behind (not good). But that's the risk you take on any fast(ish) moving highway during rush hour.

So I'm tucked in between an SUV and a large truck, when I became aware of a blue Ford Ranger on my right (in the center lane) moving over into the space partially occupied by me in the left lane without giving any signal of intent to do so. I sounded my horn repeatedly in an attempt to make him aware of the fact that he was "invading my space" on the highway, but he kept coming. In an attempt to avoid a collision, hoping he would be aware of my position and return to his lane, I was forced to drive straddling the line between the left lane and the shoulder lane. Like I mentioned above, given the level and closeness of surrounding traffic, I felt that performing an emergency stop was unwise as it would likely result in a more severe and possible multiple vehicle collision with the vehicles following me. Despite my continuing to sound my horn, the other driver continued into my lane and struck my vehicle on the passenger side toward the front of my car.

Note - reading this it sounds very mechanical and orchestrated, but it happened really fast.....I hit the shoulder and the horn as a knee-jerk response to the initial swerve into my lane, but the truck kept on coming.

Immediately following the collision, after I ensured I had full control of my vehicle, I began to cross lanes to exit the highway to get the insurance information from the other driver. However, the other driver did not make any attempt to move over from the left lane to exit the highway - he was just riding the *** of the SUV or truck in front! I thought "Hell, no" and increased speed to catch up to get the other driver’s attention that he had in fact struck my vehicle and that I wished to pull over to a safe location off the highway to get his insurance and license information. I pulled along side of him on his right side and gestured to exit the highway. He moved across and exited on Barker-Cypress and positioned himself in the right lane of the 3-lane frontage road, and I was behind him. I called my wife to take down the vehicle information in case I was unable to recall it, as I had no way to write it down at the time. I pulled to his left to make sure he understood to make the next right into a gas station I could see. Instead he abruptly slowed and crossed to the left lane and positioned himself to turn left. I was in the right lane at this time and was forced to turn right. I stopped at a Texaco station immediately and called the police as I had no idea where the other driver had gone or why he had not stopped with me, and wished to report the incident as a possible hit and run. I also checked the condition of my vehicle - big dented fender, mashed mirror (not broken, thank god) and scrub marks all over the door.

So a Harris County Sheriff's Dept officer (let's call him officer A) shows up after about 15 minutes, and I tell him my version as above. He's still in the cruiser and doesn't write anything down. He says that the other dude is in the parking lot of a grocery store on the other side of the highway. So I follow officer A over and then two more cruisers show up. Officer A talks to hillbilly officer B, and then also transfers rifles (!) into officer C's car. Officer A and C leave, and hillbilly officer B takes license and insurance info. I don't think that officer B even got my story - he cut me off in mid-sentence and said "We can't get a straight story here, someone is lying". Eventually, both the other driver and I received citations for "failure to control vehicle speed", but worse, I learned that the other driver had told the officers that I had attempted to pass him on the shoulder and that I had hit him!! WTF????

So now, I have a citation to figure out what to do with.....I already called his insurance company (Allstate) to lodge a claim, and told them it was his fault. I also told my insurance company and told them I don't want to file a claim and have my rates go up. They can't counter claim against Allstate on my behalf without paying me something first. What a mess. My main question is what the hell should I do with the ticket? I just took defensive for speeding in March, so I can't have it waived that way. If I pay it, my insurance will go up for sure, right? But I have no idea if I can get the ticket dismissed by pleading innocent. Remember that no officer saw the incident and we had no witnesses. We just got a ticket because one of us (the other ******* guy) straight up lied to the cop. I hate to bite the bullet and get screwed over by insurance and the cost of the ticket, but can I afford to fight it? I can't see paying for a lawyer, but I have no experience in this. Basically its my word against his.....

Any advice or comments are very welcomed.

Steve

 

Here is the sad part......I just went through one of these.

It is your word verses his, the only thing you can do is hope that his insurance accepts the loss (not going to happen), you can attempt to sue in court under civil claims but, this has a low success rate as well.

The sad part is, you lost because you refused to start slowing down......and you sould seek out your revenge on the person in a few years so that you cannot be tied to it.

I never got money for my accident where it was the same situation, neither did he but, all I needed to do was stop faster ( I know I could have) and if I got rear ended then it is the person behind me who is in trouble not me. No, I stayed in the lane slowing to the right and he said I attempted to pass him.......therefore, we both lost.

I am sorry this has happened to you. The best thing you can do is get a quote for repairs and hope his insurance screws up.