Fault in Auto Accidents?

Question

I was wondering if anyone have any information about this. I was in an automobile accident in Michigan, we are a no-fault state meaning if you are in an accident everyone pays for their own damage. It was raining and i was driving down a street that was 35 mph, there was an older lady in front of me who was driving and the light turned yellow while she was driving, it had JUST turned yellow she came to an abrupt stop past the white line, because of the rain and oil on the ground i slid into the back of her car. There was no damage to either car, she said that her neck was bothering her a bit, neither of us were going to call the police. A police drove by and saw us, we told them that we didnt want to make a report, but the lady said she hurt her neck so the told us to pull over into the parking lot of a store. We did, i rec'd a ticket for 1)failure to display insurance at the the time and 2) failure to stop in a clear distance. I plan t fight #2, anyone have any experience?

I was not following her too closely and she was not driving slowly, she stopped abruptly. That is what i am saying, she was going with the flow of traffic and then abruptly stopped, she was OVER the white line. I know it's her right to stop at a yellow light, but she should have considered the fact that she might get into an accident when she decided not to go through and throw on brakes. There wasn't any damage b/c it wasnt a bad accident, i wasnt speeding and i wasnt following her too closely, i wasnt following closely at all, it happened b/c i thought she was going thru the red light and she didnt. I am not fighting #1 b/c there is no need, all you have to do is present it to the court within 10days and it will be reduced, that one isn't a big deal, it doesn't put points on my license, this one does. If she goes to the hospital b/c of her neck then good luck to them trying to collect...

Answer 1

In all states, if you hit the back of someones car it is proof that you were following too close for the road conditions at the time and you will get a ticket. If you were not following too close you would have time to stop. Sorry.

Answer 2

I definately have experience-- similar situation. That's really interesting how your state handles car accidents. I would go to court, but my assumption is, (that the old lady is a b*tch for starters)--- she was prob just saying that. I hope she doesn't go to the hospital or get any medical records for her neck-- if she does- they might expect you to pay her some cash for her well-being. However-- being the situation-- you were doing 35- her mistake for stopping so sudden.. and the rain.. depending on the judge- you might get out clean. She was in the wrong for stopping at a yellow light-- and it's evedent that if you were NOT speeding-- because you didn't have a huge collision..the judge should look at that and understand you weren't being careless-- which will benefit you! Um, it also sounds liek the cop didn't like you too much- if he was a nice guy- he would've realized the weather probably impaired your braking. Also-- make sure you have car insurance if you don't already- and take proof to court- they'll want to see that to dismiss the first ticket... good luck!

Answer 3

Good luck...since you knew she was driving slow due to weather conditions and the light had turned yellow, she stopped. In bad weather it is wise to keep a clear distance from people in front of you and to pay attention to traffic lights ahead. If you had kept a clear distance you would have not slid into the back of her, weather is not at fault, driver is. If you get over on #2 let us know.

Answer 4

I was in an accident because of an old person slamming on the brakes- mine were better than hers. But, unfortunately the 3 people behind me weren't as good.

Why aren't you fighting number one? If you had insurance you should be able to take a copy of your policy to the court house and have it dismissed. Unfortunately if you rear end someone generally it's your fault (if there's no foul play). I can't offer any more information than this perhaps one of yahoo answers resident lawyers can be more help.

Answer 5

If you rearend someone it is almost always your fault. You are supposed to be far enough back to have time to stop no matter what and the whole bad weather thing wont help because you knew it was bad weather so you should have been even farther back AND you were approaching an intersection so you should have been extra alert for something like this. It sucks, I know cause I've been in the same situation, but that is most likely what you should expect to hear.

Answer 6

almost every time to hit some one from behind it's your fault since you a have legal duty to maintain a safe driving distant from the car in front of you

now if she had pulled into your lane right before then stopped not allowing you a safe distance then maybe you would win but in your facts you where behind her, bad weather , she stopped you failed to maintain safe driving distance your fault just like when you are backing out of a spot no matter what it's you fault if you hit someone while backing out even if they saw you backing out and did not stop

Answer 7

I don't know about Michigan specifically, but in other states it is automatically your fault if you rear-end someone, no matter how unfair the situation is. And with the failure to stop in a clear distance, I don't know how you can possibly prove that -- it's your word against hers. (If it helps, I believe ya....) I would try to fight it too, it's worth a shot, but I wouldn't get your hopes up. good luck!!

Answer 8

Honey ,You blew it. She was not going to run a yellow light. You were intending to run a red light.. And you were looking at the signal and not paying attention to those red brake lights.. Pay the ticket, and pray that you don't have to pay too much for her medical expenses..

Answer 9

NO...