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What are the legal laws for a person coming to a complete stop going down a brigde? How much is a ticket for unsafe lane change?
Anonymous4 views3 answers
I was making a lane change after completing the lane change I notice the car in front was braking so I started braking but they came to a complete stop and I run into them. The other driving said "B" your gonna pay give me you information but I wouldn't till they would give me their information which the refused so did I. I contacted my mother the police and my insurance. Police directed us to pull over into the gas station. As we pull into the gas station I took pictures of their vehicle there was no damages but after the high way patrol arrived they claimed the bumber was hanging. And stating I am at fault and they are the victim the car has damages so my insurance would go up and demerits would range up to 6 on my license. I have a CDL license and I can't afford to mess that up can you please give me as much advice as possible. Thank you, Ralexsia
The "legal laws" as opposed to the "illegal laws?"
Generally, in any rear-end type motor vehicle accident, the party doing the rear-ending retains a rebuttable presumption of liability unless there is some type of compelling evidence to show that the vehicle slamming on its brakes did so in an arbitrary and sudden manner when it was not necessary to do so. This would most likely require an independent witness to verify this as well.
It is very difficult to prove that a person who rear-ends another is not at fault, as the driver in the rear is always supposed to maintain enough distance between his vehicle and the vehicle in front of him to be able to stop in any emergency situation, including sudden stops.
Unless you can show with independent evidence and an independent witness that there was absolutely no reason for the person in front of you to slam on his brakes, you are going to be found 100% at fault for the accident. In addition, even if you can prove that, you will not nullify all liability on yourself, as even in that type of a situation, if you had maintained the proper distance as is required by law, you should have been able to stop in time before rear-ending the driver in front of you.
If you want to fight your citation, consult with an attorney in your area who specializes in traffic citation cases. Use the “Find a lawyer” link at the top of the screen for the names of some attorneys near you.
Good luck!
Laws vary by state but, as a rule, you will be well served by retaining a local attorney who knows the prosecutor so they can negotiate a resolution which will minimize the repercussions.
