The vehicle ahead of me came to a dead stop on the onramp to the highway. There was no way for me to go around him, and I hit the rear end. I got a ticket for "failure to use due care." I had no choice but to hit either the vehicle that stopped, a cement barrier, or drive out onto the freeway. I was not going very fast, maybe 45 mph. Am I really the one at fault if someone stops on the onramp? I'm going to fight it no matter what, but do I have the ghost of a chance to beat this ticket? My car is totalled!
2007-10-26 19:39:25 · 11 answers · asked by kathi1vee 5 in Politics & Government ➔ Law & Ethics
The car in front was at least 5 car lengths ahead of me when it stopped. I put on my brakes as soon as I saw the lights on his car light up. There was no reason for him to stop on the ramp. a semi wenmt by before he ever reached the end of the ramp, all he had to do was pull in behind the semi, but he chose to stop instead.
2007-10-26 20:00:49 · update #1
Nevada Revised Statutes 484.373 says that no vehicle shall come to a complete stop on the roadway unless it is unsafe to proceed. It was perfectly safe for him to proceed, since the 2 cars right behind me went around us without stopping and got right onto the highway with no problem.
2007-10-27 09:41:03 · update #2
More than likely they will say you were going too fast since someone was in front of you, or that you were following too close when they stopped. They will screw you over, it's the way the justice system is here.
2007-10-26 19:43:21 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You should be keeping enough distance from the car in front to stop if they slam their brakes on so it is almost always the car behind that is at fault.
The only exception would be if the car cut in front of you and then slammed the brakes on so that you didn't have enough time to react (and had not had enough time to drop back to a safe distance). Though whether you could prove that is another matter.
If you had been following the car that you hit along the on ramp (and they had been in front of you for some time before stopping) then you're a bad driver as well as at fault.
EDIT: 5 Car lengths may be an acceptable following distance in a school zone (with low speed limit) but it isn't good enough for freeway driving. In the second or so it takes you to react to the brake lights coming on you'd have already covered more distance than that. You were completely at fault in this case.
To others: Don't call the other driver a jackass, he did the safest thing to do (i.e. not cut off a truck).
2007-10-26 19:51:12 · answer #2 · answered by bestonnet_00 7 · 0⤊ 1⤋
You are definitely guilty. It is common knowledge in the legal community that a person who rear ends another vehicle is automatically at fault. It doesn't matter if the vehicle in front of you stopped short. The courts decided long ago that it is your responsibility to ensure you are driving at a safe speed and at a safe distance. If you rear end someone - it is AUTOMATICALLY assumed that you were not driving at a safe speed or at a safe distance. Of course, it still sucks that he stopped short on you - to prevent this in the future give yourself LOTS of room to stop.
As for your ticket, you should hire an attorney. Your attorney may be able to downgrade your ticket and have your ticket "sealed" in the event you are sued. Since your car was totaled, it sounds like it was a serious collision and you should county on being sued (whether an ambulance came and removed the other driver or not). If you are sued (which I believe you probably will be), then your traffic ticket could be used against you in a civil lawsuit - this is why it is important to get it downgraded and/or to have it sealed so it cannot be used in civil court.
Now, if you were insured - then your insurance company will provide a legal defense for you and most likely cover payment of a judgment against you.
2007-10-26 20:15:22 · answer #3 · answered by Dina K 5 · 1⤊ 0⤋
It's no use being a bushlawyer but you did not drive responsibly. If you can total a car because a car stopped suddenly you were too close to that car for the speed you were doing. You are assumed to know that you will be able to stop whatever that car driver does. Take a car for a drive and slam the brakes on at 30 MPH and see how far you travel before you come to a stop. I think you will be shocked. Drive defensively. Good luck in court.
2007-10-26 20:05:07 · answer #4 · answered by Anonymous · 1⤊ 1⤋
In general, every state has a law which says the car in the rear of the accident is at fault. The jackass in front of you might have had a perfectly good reason for stopping like that; but I doubt it.
The other driver might have been ticketed for creating a traffic hazard or reckless driving; but that does not matter. You are still at fault for the accident.
2007-10-26 19:53:35 · answer #5 · answered by Kevin k 7 · 1⤊ 0⤋
FYI, the ticket was dismissed. The DA couldn't come up with enough evidence that I was at fault, so they got 3 continuances. At the third I told the Assistant DA that I was going down to the courthouse to speak to a judge about the delays with my case. So she told me that she was going to have the case dismissed. I just got lucky, but if they couldn't prove that it was my fault after 6 months, then that's their fault.
2015-01-04 01:21:35 · answer #6 · answered by kathi1vee 5 · 0⤊ 0⤋
specific in case you desire to reason an twist of fate. in case you may not stumble on a area of interest, flow over besides. you may get flipped off, yet a minimum of you would be on your way. besides, they might desire to turn themselves off for being a jacka$$ and not letting somebody merge. Merging is a 2-way deal. the guy on the offramp ought to do their terrific to examine the cost of the important highway, and the guy on the important highway ought to enable slightly room. hardly surely everyone looks to have common courtesy anymore. Chivalry looks to have just about died, yet thankfully some human beings ol' cowboys nevertheless attempt to maintain it alive.
2016-10-14 04:24:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you were following too close, most all of the driver instruction handbooks for each state, specifically state that you should follow behind a vehicle at a safe enough distance too stop in an emergency situation!!.
so whether or not there was no other choice of action for you too take except too step on the brakes,you were following too close for safe stopping distance.
2007-10-26 19:53:57 · answer #8 · answered by lesdrake2 3 · 2⤊ 1⤋
the law states that you must have complete control of your car at all times ,w/that what do you stand on,he stoped,you hit,the law usual goes by rear end damage
2007-10-27 05:59:18 · answer #9 · answered by THE"IS" 6 · 1⤊ 1⤋
isn't this covered in the first day of every driving school?
2007-10-26 20:29:48 · answer #10 · answered by Barry C 6 · 1⤊ 1⤋