Are you liable in a car accident when hit from the rear?

Question

I was travelling I-285 in the early am, switched lanes with a signal was driving in the lane a few minutes then wam, I was hit from the rear. I immediately called 911 at 7:16am there were no injuries and no cars were towed. The HERO unit arrived an moved us to the shoulder of the road after about 20 mins....20 more mins later the Atlanta PD arrived the officer was inexperienced, it took her until 10am to complete the incident details and as an added bonus, she ticketed me who was hit from the rear in addition to ticketing the driver that hit me. My father arrived at the scene after the other driver had left and the officer told my father it was not my fault yet, I got a ticket. The officer further advised me she was new to writing tickets and told me I could dispute the matter in court and it would "probablly" be thrown out and she further advised me I had a good chance of it being thrown out because she would be in training that day!!!! Her ins won't pay (ticket) please advise.

Answer 1

Here in Michigan if someone hits you in the rear that person is always at fault unless you pulled out in front of them. Only go to court with a lawyer do not go to a acting judge meeting. We call them magistrates up here.

Answer 2

In general no, because the car behind you has a legal duty to maintain a safe driving distance but there are exceptions

In your case just because you used a signal to change lanes, you have a legal duty to ensure when you change lane you can do it safely and not interfere with a person driving in the lane you are attempting to enter

In this case had you signaled, change lane, and within a minute because you had to slow down was hit from behind, you could be found liable since it was your duty to ensure you could change lanes safely

under your testimony you claim you drove for several minutes before you where hit, if so then you changes lanes gave the cars ample time to maintain a safe driving distance,

so it will come down to how long after you changed lanes did the accident occur

Answer 3

Cowboy is sturdy approximately how this might play out. Assuming you're motor vehicle 3, do not hardship with motor vehicle 2 in any respect in the event that they did not hit you first. in case you purely felt a million impact then odds are that motor vehicle #a million pushed #2 into you. The #2 isn't accountable on your damages in the event that they have been stopped or slowing at the back of you and then motor vehicle # a million pushed #2 into #3. each and every physique who tells you that motor vehicle #2 replaced into to on the ingredient of you is obviously not a claims adjuster. in case you have been stopped at the back of site visitors it is not smart to assume each and each motor vehicle to end 2 to 4 motor vehicle lengths at the back of the single in front of them. motor vehicle #3 needs to the two assemble from their own collision insurance and then wait some months to get the deductible back or assemble at as quickly as from motor vehicle #1for all of their damages. sturdy luck

Answer 4

What if I hit the brakes and someone hits me from the rear and I found out that my rear brake lights were inop. Would I still not be charged with the accident?

Answer 5

You may want to plead no contest on the ticket. This will not allow the ticket to be used as evidence in a damages suit.

You are not legally liable. Your insurance company will fight it for you, so they won't have to pay.
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Answer 6

From your description it is the other drivers fault and their fault alone.