I just entered highway and doing about 40mph All of a sudden I got confused with the pavement and thought the lanes are merging. So I slowed down... probably really slow. The guy behind me rear-ended my car, or he got hit by the 3rd car and then hit mine( i am not so sure, but I felt there was only one collision). I guess the 3rd car was totaled, the back of my car is pretty messed up, and the one behind me looks ok. The police came and after talking to us he wrote me a citation, on which it says "improper stopping". So I guess he think it's my fault. So is this really at my fault? or should I take it to court? and if so what should I say to the judge?
Thx so much...
2007-01-31 12:51:10 · 19 answers · asked by ZFX 1 in Cars & Transportation ➔ Insurance & Registration
It is definitely your fault.
There is an expectation that traffic on the freeway will be moving at a consistent speed. The third car may have been unable to avoid hitting the 2nd car because of the posted speed limit.
Because you were doing less than the posted speed limit, voluntarily, you were impeding traffic and are solely responsible based on that fact.
Additionally, you have the responsibility to merge safely onto a highway at an appropriate speed. You did not.
If anyone was hurt, they can sue YOU.
No case for you to sue anyone. Filing suit will probably result in the other parties filing against you. I don't believe you could win but I am sure you would lose.
There is no such thing as following to closely UNTIL you have entered the roadway!!!
2007-01-31 14:39:52 · answer #1 · answered by Anonymous · 0⤊ 2⤋
It depends on the state you are in...
Generally, in a rear-end case, the rear-ending vehicle holds the liability. He has to leave enough room to avoid hitting you and needs to drive with caution - what would have happened if something major happened in front of you forcing you to stop?
However, many states have laws stating that you can't stop short without reason. If that is the case in this situation, you may hold partial negligence, but it would still be the majority fault to the vehicle behind you.
Hopefully, you have collision coverage on your vehicle...Go through your own policy and let your insurance company fight it for you.
As for the ticket, fight it. Unless the officer witnessed the accident, most of those tickets get thrown our or reduced. If they make you go forward, you didn't improperly stop - you were still moving at the time of the accident.
2007-01-31 13:39:06 · answer #2 · answered by jerry 5 · 1⤊ 1⤋
I am a bus driver in Erie, PA. If there was a yield sign (which there usually is on on-ramps, even if the onramp continues into the highway), then you have every right in the world to stop. Even if there wasn't a yield sign, you still should fight the ticket. Anytime you are entering a highway, you should never assume that the lane will stretch further than enough time to yield. A good source for you to determine if you were wrong is to talk to your insurance adjuster. If you are not liable, and all 3 insurance companies find that, then you should fight the ticket. You will have the insurance company on your side against the cop.
2007-01-31 13:35:52 · answer #3 · answered by jessie03522 2 · 0⤊ 2⤋
An argument COULD be made that you were the proximate cause of the accident, i.e. traveling way to slow on a freeway, creating a hazard for other drivers.
On the other hand, YOUR argument is so what!!! "The other vehicles were traveling too close, they should at minimum travel 3 seconds behind my vehicle which is a safe traveling distance."
If this were my claim, I'd find the 3rd car at fault for the collision and have that guy prove me wrong, or at least try.
2007-01-31 14:36:30 · answer #4 · answered by bundysmom 6 · 0⤊ 2⤋
Although you are a complete idiot for stopping on an on ramp, it is the car behind you that has a responsibilty to be aware of the traffic in front of it. They should always have assured clear distance. You perhaps could still be cited for improper stopping though and not be at fault for the wreck. Call the city and talk to them.
2007-01-31 13:35:41 · answer #5 · answered by Mike Hunt 5 · 0⤊ 2⤋
It be your fault...nobody ever wants to admit they are wrong, even me,... but you admit causing it all by slowing down "Probably really slow" and then you say you got a citation...now you are here, asking the millions, looking for anyone to encourage you to be dishonest and as you see, even here people love to be dishonest...do you have any morals or is it the insurance? Any honest person would step up to the plate. maybe you will sell your honesty to get out of paying the damage... the bottom line is you and only you know what you "should" and "are" gonna do. good luck with that and i will pray for you
2007-01-31 13:14:55 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Your fault in this case. You were entering a limited access road and were supposed to merge, instead you stopped, therefore you are the direct cause of everything that happened after you stopped.
2007-01-31 14:07:06 · answer #7 · answered by oklatom 7 · 1⤊ 1⤋
When entering A free way on a onramp it is illegal to stop or slow to impede traffic. The other drivers got a tickett also im sure for fallowing to closly. You might go to court and fight it. Make sure you say you were not stopped just slowed. Win or loose its worth a shot. If the officer doesent show up the tickett will be removed
2007-01-31 13:21:04 · answer #8 · answered by motergradersam 2 · 0⤊ 3⤋
That sounds such as you will finally end up going 50/50. basically the two considered one of you have made a mistake or neither of you has. you may ought to coach while precisely the door grew to become into opened and that is going to be impossible. a competent lawyer might help yet I doubt it.
2016-09-28 06:24:15 · answer #9 · answered by ? 4 · 0⤊ 0⤋
I would fight it! Get a lawyer. The guy that rear-ended you and the guy that rear-ended him should by cited for Assured Cleared Distance. You didn't stop getting on the freeway right? you just slowed down no harm in that the guy behind you should have paid more attention!
2007-01-31 17:49:20 · answer #10 · answered by LSD 4 · 0⤊ 2⤋