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I recently was in a car accident, and am being charged with careless driving which is total crap. Yes, I did rear end the person, but it is because they decided to stop when they were literally a foot away from the car in front of them. I have witnesses. Is there anyway that I can appeal this charge?

2007-03-23 10:01:54 · 7 answers · asked by fake_name 2 in Cars & Transportation Other - Cars & Transportation

Ok, a lot of people are saying the same thing, yes i know that it was my fault, and yes i slammed on my brakes, and yes i took drivers ed smart as*. the thing is, my entire family is police, and they say that i should have been charged with following too closely.

2007-03-23 10:18:15 · update #1

7 answers

It doesn't really matter what the other guy did. If you hit him in the rear, then you were following too close, and failed to avoid the accident. You are responsible for the damages to the rear of his car!

Remember when they told you in Driver's Ed class... (you did take driver's ed classes, didn't you?) stay AT LEAST one car-length (20 feet) back for each 10 MPH of speed!

Now you know why!

2007-03-23 10:14:37 · answer #1 · answered by JetDoc 7 · 0 0

You can fight it in court. Some states recognize "contributory negligence" - the fact that the injured party (the one you hit) may have contributed to their own injury (the accident). However, my state usually gives the ticket to the person that rearends the other. Failure to reduce speed to avoid an accident is the way the ticket usually reads. Careless and wreckless sounds more serious, but maybe thats the way your state words the charges on a rearend collision.

2007-03-23 10:14:27 · answer #2 · answered by DR_NC 4 · 0 0

If you plead "Not Guilty", consider the cost of a lawyer and the risk of being found guilty by jury will add court costs on top of it.

The accident will reveal who maintained assured clear distance during the accident. If, by chance, any of the involved parties were talking on a cell phone, the record of the call will be used as evidence.

You may have to consider swallowing your pride and taking the lumps from the careless driving violation. Its your call...

2007-03-23 10:15:01 · answer #3 · answered by Bad Samaritan 4 · 0 0

Don't worry about the phrase being used. It covers anyone whose fault it was. Unfortunatley sounds like it was your fault. If I was driving down the road and slammed my brakes on, the person behind me would probably go into me, and it would be declared his fault. It sucks, but it's true.
What ever you do don't admit it was your fault as that could 'possibly' invalidate your insurance. Don't worry, these things happen!

2007-03-23 10:13:44 · answer #4 · answered by wgbh67 2 · 0 0

In most states, you are at fault if you rear-end another vehicle. You are expected to maintain a sufficient following distance, to allow you to avoid hitting the vehicle in front of you. Sorry, but you bought this one....

2007-03-23 10:10:50 · answer #5 · answered by Ben H 5 · 0 0

If I'm expertise this correct it sounds such as you had been pulling out of a carpark to show left onto a freeway. The freeway is four lanes on either side. The two lanes of visitors closest to you, heading the reverse approach of the best way you had been turning stopped to permit you to pull out in entrance of them to show. The girl that hit you was once journeying within the third lane over (out of the four lanes that you simply had been crossing in entrance of to show)? If that is the case than you're at fault. The girl that hit you had the correct of approach. Even although the two lanes of visitors had been waving you on, you continue to didn't have the correct of approach. It does not subject that her brakes had been going out. I have labored as an coverage agent for the beyond nine.five years & I have noticeable a few injuries similar to this one. In they all, the character that was once pulling out in entrance of visitors to show left was once deemed at fault. Hope this is helping.

2016-09-05 13:32:30 · answer #6 · answered by ? 4 · 0 0

Why are you asking here if your entire family is police? Ask them.
Grow up to accept responsibilities for your own misdeeds.

2007-03-23 14:26:21 · answer #7 · answered by Misha 3 · 0 1

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