Assured Clear Distance

Ohio #333.03

I rear-ended a person who stopped suddenly for no reason and failed to signal her right turn. I was undistracted and felt I should have had enough distance to stop. I was going at approx 30-35 mph. I would say I had one car lenghth, perhaps two or more. I received a ticket, she received no citation. I had new brakes and rotor and apparently, this can increase stopping distance. I plan to contest.

Am I in an "at fault" state? Can I site "Contributory negligence"? Can I submit the issue regarding my new brakes to help support my not being found at fault? Eager to hear your response.

[racer72]

The standard trailing distance at 35 mph is 30 feet per 10 mph. Using that formula, you should have been at a minimum 105 feet (about 5 to 6 car lengths) behind the other vehicle. It would be obvious that you were following to closely to avoid the other vehicle. The other driver may have contributed but it was your negligence that caused the accident. And new brakes and rotors do not increase stopping distances. You do not present any evidence that would be cause for dismissal of the citation.

[I AM ALWAYS LIABLE]

Originally posted by MarieF
I had new brakes and rotor and apparently, this can increase stopping distance.

If that statement were true, the NTSB might have something to say about the pandemic of new cars being hurled over the edges of our nation's highways.

It is, of course, not the case, and you're spitting into the wind with that "defense".

IAAL

[RunningOnEmpty]

Reasonable care in the operation of a motor vehicle requires the driver to maintain a lookout and to keep the vehicle under reasonable control to avoid injuring others using the road. As one means of applying these criteria, courts have established the "assured clear distance ahead" rule. This common law rule requires the driver to keep his car under control so that he can stop in the distance in which he can clearly see.

The "Assured Clear Distance" rule is a common law rule in the sense that it evolved from court decisions. Some states, like Ohio, have enacted this rule into statute. The Ohio statute reads in part...

"No person shall drive any motor vehicle upon any street or highway at a greater speed than will permit him to bring it to a stop with the assured clear distance ahead."

Where such a statute exists, it is strictly construed by the courts. Failure to obey the statute may constitute negligence per se.

I am a claims adjuster, not an attorney.