careless driving?

Gadowry · #1 02-08-2005, 06:50 PM

What is the name of your state?What is the name of your state?Florida

My son recently got a citation for careless driving. He was in traffic in back of someone, they stopped, rolled forward, and stopped again. My son stopped short, but inches from the car in front of him. The vehicle in back of my son slammed into him, knocking my son into the car in front. The vehicle in back jerked and hit my son again. The officer asked my son if he was speeding, then told him it was his fault he was either driving too fast or not paying attention. My son said he might have been a little close to the car in front but that was all. Officers never spoke to other 2 drivers directly, or talked to witnesses (didn't even note they were in the car) Only cited my son, no one else. Girl in back kept telling officer the first car wasnt even hit until she hit my son....all there tried to tell officer it wasnt my son's fault. He's had a perfectly clean record up to now, he's 18. He wants to take it to court. Do you think we have a case. I've never heard of only the middle driver being ticketed in a case like this.

#2 02-08-2005, 07:23 PM

He's guilty of following too closely (based solely on your description): "My son said he might have been a little close to the car in front but that was all."

Anyway, have him go to court and ask for a nonmoving violation.

But, if you have an extra 2 or 3 or 4 thousand dollars around, have a jury trial. If all of those facts could be brought up in court, the jury might let him go.

Gadowry · #3 02-08-2005, 07:59 PM

Does the fact that there wouldnt have been an accident if the car in back of him hadnt hit him hold any weight? or that they didnt even get cited? or the fact that the accident report didn't list any passengers (which there were)

teflon_jones · #4 02-09-2005, 06:16 AM

There are two peices to this:
1) the traffic ticket
2) the accident

You son is at fault for the careless driving ticket since he told the cop that he was following too closely. You didn't put what his answer to the "were you speeding" question was. Your son needs to learn to not tell the cop anything that may incriminate him.

Quote:

Originally Posted by Gadowry

Does the fact that there wouldnt have been an accident if the car in back of him hadnt hit him hold any weight?

That is relevant only to the accident. Your son was not at fault for the accident because he did stop in time. Was the driver in back of your son cited for the accident? Have you filed a claim with their insurance company?

#5 02-09-2005, 07:17 AM

Q: Does the fact that there wouldnt have been an accident if the car in back of him hadnt hit him hold any weight?
A: No; your son was the one who was following too closely.

Q: or that they didnt even get cited?
A: For reasons unknown to us, the cop didn't want to cite anyone else. That doesn't help your son.

Q: or the fact that the accident report didn't list any passengers (which there were)
A: This is irrelevant.

JOHN BUCKNER · #6 02-09-2005, 06:06 PM

For sure. As an 18 year Law Enforcement Officer and Traffic Accident reconstructionist. Just based on what we know.....I will have to agree With the SeniorJudge on this one. having said that I wish I could see the accident report. I know.....Becareful of what you wish for.

Lynx 36 · #7 02-10-2005, 08:43 AM

If the accident wasn't your son's fault have him plead not guilty. This is an easy one to win. Cops are proven wrong on accidents all the time, and unless the cop actually witnessed your son following too closely there isn't much of a case, especially when the person in back admitted fault.

teflon_jones · #8 02-10-2005, 08:57 AM

seniorjudge and john buckner have not separated this into the two parts that there are. As I stated, there are two parts to this, the accident and the ticket. The police do not determine who the insurance companies will find at fault for the accident. So while your son may be guilty of careless driving (hard to tell from the simple facts you provided), he is not at fault for the accident (again, based on the facts you provided). He stopped in time. As for the ticket, I would argue that he wasn't driving carelessly because he stopped in time. One key thing you omitted is whether he admitted to speeding. Even if he was, the driver that hit him is still at fault for that.