Traffic citation

[OneJSupra]

I recently was involved in a rear-end collision (thank god not the supe but my dd). What happened was I was on the left lane and traffic was flowing on and off. There was a car that made an unsafe lane changed from the middle lane and merge onto my lane in front of me. The car suddenly stopped and jammed his brakes. As a result of it, it didn't give me enough distance to stop and I rear ended his car. The driver of the vehicle admitted his lane changed and sudden stopped due to the other vehicle (truck) that stopped suddenly. When the police officer arrived I was citated for careless driving due to the fact that I rear ended the vehicle in front me.

In my opinion there was no negligence in my part for careless driving and that the driver of the vehicle who made the unsafe lane changed should have been charged for unsafe lane changed and careless driving instead of me. I am not denying that I rear ended the vehicle in front of me just contesting the citation for careless driving.


What do you think. Thanks.

 

[kwnate]

I think you would of had a better chance convincing the officer on the scene. Take it to court and give it a shot.

 

[starscream5000]

Since he admitted it to you, you should have got him to repeat what he said to the police officer. Sounds like it's too late now and after giving it more thought, the person who you rear end will most likely two step and say it was all your fault to keep his insurance from going up.

 

[lewis15498]

Usually when getting into an accident with someone pulling out or changing lanes if you hit them while they are entering the lane, its their fault but as soon as they get in the lane, its your fault. Stupid, because i could go out to a main road (55mph speed limit) pull out in front of someone with just enough time to get into the lane before he hits me, and it would be his fault. Not really fair, but thats the way it is. Appeal and hope for the best pal. Theyre gonna want some evidence, If you could get a statement from the other driver saying he fucked up you would be in much better shape. At least here, when you appeal fault for an accident They only affirm or revoke your responsibility, they never assign it to someone else, so the other driver has no reason not to help you out here. Since you were issued a citation you will probably have to appeal the citation and accident separately. But if you can succesfully appeal the citation, use that info when you appeal the accident, or vice versa, whichever hearing comes first. Good luck with everything.

 

[OneJSupra]

Yeah I will try to take it to court and take my chance. The other driver did admit it in front of the police officer. But the PO said that he successfully got onto my lane and it don't matter whether he stopped or not and that it is still my fault. I tried to explained to the PO that the driver sudden stopped did not provide me enough distance to avoid hitting his car but he said it didn't matter regardless.

 

[Who]

Your insurance company who has to pay for the damages has a vested interest in defending you and their wallet. If you can't get any help from them get a traffic lawyer.

 

[mkiiSupraMan18]

Stupid, because i could go out to a main road (55mph speed limit) pull out in front of someone with just enough time to get into the lane before he hits me, and it would be his fault.

I don't think that's how it works...

 

[Dachande]

You're pretty much out of luck unless you plan to spend a lot of money on a lawyer. I've been waiting to go to my jury trial over a traffic collision since June (and I was not found at fault). Stupid people fucking suck.

 

[Doward]

I don't think that's how it works...

In the State of Florida it is. If you rear end someone, IT DOES NOT MATTER WHY - you are at fault.

 

[OneJSupra]

Take a look at this > http://www.lawfirms.com/resources/personal-injury/auto-accident/liability-rear-end-collision.htm

And this > http://www.lawfirms.com/resources/personal-injury/auto-accident/rear-end-collision.htm

 

[nnate1228]

Yes, in Florida and many other states they use a term "prima facie". Basically the situation is "as it seems" unless proven otherwise. If you rear end someone you are automatically considered at fault unless you can prove otherwise. Witnesses, police report, statement from the other driver, etc.

I had a 79 CJ5 with 33's and a huge steel tube bumper. Some guy said I cut him off or something and got in front of me and slammed on his brakes. I tried to avoid him and went into the grass on the highway, but he saw what I was doing and stayed in front of me. I slammed into the back of his car and crushed his rear end, with not a scratch on my Jeep. When the state trooper showed up I told him what happened and was able to show him the pile of debri (his trunk and taillights) in the grass off the highway. The cop didnt give me a ticket. On top of that, as we sat in Disney traffic on the side of I4, the guys wife happened to be driving by and saw his girlfriend in the car with him. She stopped in the middle of traffic and went running over and went flying through the window and started slapping the girl.
I was laughing my ass off, not a good day for that guy. He later tried to sue me and I sent a letter to his attorney and they dropped it.

79 CJ5 1 point
Chrysler lebaron 0

LOL

 

[OneJSupra]

Just an FYI. I went to hire a lawyer and I won the case. Traffic citation dismissed.

 

[FIL]

awesome.... congratulations...

 

[92nsx]

Good to hear.

At least your ins. wont go up at least now.

Also many times a lawyer gets involved in traffic court, you have a better chance of judge dropping the charge due to the fact the lawyer will drag things out and cost the court more time and $$$$$

 

[OneJSupra]

Yes I am going to send a copy of the court hearing to my insurance so they don't jack up my rates.

Thanks.

Good to hear.

At least your ins. wont go up at least now.

Also many times a lawyer gets involved in traffic court, you have a better chance of judge dropping the charge due to the fact the lawyer will drag things out and cost the court more time and $$$$$

 

[Quin]

Congrats man. Glad to hear it.