Will a judge throw out the case in my car accident?

Question

I got in an accident last year and have my court date on the twelth, and well what happened is the lady in front of me got cut off and I couldn't avoid hitting her so I was wondering if my ticket will stand for causing the accident and failure to controll speed I have a sworn statement from the lady I hit saying what happened or will I get another point on my liscence

yes kathie good luck to both of us and thanks for the advice

Answer 1

Cite the contributory negligence of the lady so that your penalty will be at the lowest period or lowest fine.

Answer 2

Well, you hit her because you were following too closely. I don't see the judge letting you out of that, even if the other driver was kind enough to write a supporting statement. The Failure to Control speed stands a chance of being dropped. Depends on how much damage was caused. Investigators use collision damage to estimate the speed at the time of impact. You could argue the estimate was off (it's not an exact science) and that you were going the speed limit.

Good luck.

Answer 3

If you remain calm and give the statement to the judge, he may agree to throw the case out or at least lower the penalty. Get all your facts ready and explain what happened. I hit someone from behind recently, and have to go to court in Dec. Failure to control speed is hard to overcome, though. After all, how can you prove you were driving at a reasonable speed, if there was nobody in the car with you? Good luck to us both.

Answer 4

Well kathie is telling you what you want to hear but it seems like you were following too close. Regardless of her getting cut off if you would have been a reasonable distance behind her then you might have not hit her. Explain your story to the judge but if you hit her from behind its your fault, anyways good luck.

Answer 5

Sorry, but I think you`ll be looking at a charge of "following too close", which will net you a fine and 3 demerit points.

Answer 6

when u rearend someone its always ur fault because obviously you were too close to her you should have time to stop unless you werent paying attention.