Rear end collision - WA state

[vikester]

Hello,
I was recently involved in a rear end collision in snowing and icy conditions where I was driving in the left lane, the other driver (the only witnesses were myself and the other driver and his 3 occupants) pulled out in front of me and stopped and I braked but could not stop in time and hit him from the rear, he had CA license plates. I was given a ticket from speeding too fast for conditions, there were no police witnesses or any other witnesses and I believe I was doing no more than 15 - 20 mph on a highway that is 45 mph speed limit. I am wondering if I have a chance at beating this ticket? There is pry a good chance the other driver is a CA resident and may not be here, so it would be my testimony vs the "guess" of a police officer based on his assessment of the accident. What are my chances of beating this, is it worth my time? THANK YOU VERY MUCH for any help!

Phil

 

[Zigner]

When planning your defense, please keep in mind that your actual speed vs. the posted speed is totally irrelevant to what you say you were cited for...

 

[vikester]

Question

OK, thanks for that reply. To me this is different than following someone in the lane and then hitting them from behind, if someone pulls in front of you when you are already in the lane, what speed is reasonable to be able to stop...5mph? 2mph? I mean, I am just curious how that would be proven in court.

Thanks,
Phil

 

[Zigner]

OK, thanks for that reply. To me this is different than following someone in the lane and then hitting them from behind, if someone pulls in front of you when you are already in the lane, what speed is reasonable to be able to stop...5mph? 2mph? I mean, I am just curious how that would be proven in court.

Thanks,
Phil

I understand what you are saying and, you're right. As long as you can prove that the lady cut in front of you and slammed on the brakes, you should be ok.

All I trying to say is to not stand there in court saying "The speed limit was 45" because it has no bearing what-so-ever on the charges against you.

 

[vikester]

burden of proof..

Thanks again, one more question is the burden of proof for me to prove that he cut in front of me or for the court (P.O. who was not there) to prove that I committed the infraction...how can they prove that if they did not witness anything?

 

[Zigner]

Thanks again, one more question is the burden of proof for me to prove that he cut in front of me or for the court (P.O. who was not there) to prove that I committed the infraction...how can they prove that if they did not witness anything?

Their "proof" is that you rear-ended someone. NOW it is up to you to provide a defense as to WHY you rear-ended that person.

 

[ecmst12]

Yes, the burden is going to be on you. Because you hit him from behind, it is going to be assumed you were at fault UNLESS you can prove that he improperly merged into your lane. He will have to admit that to the court, or you would need to have an independent witness testify the same. Without either of those things, the odds are against you.

 

[tammy8]

I don't think it should matter what kind of ticket you were given. Most of the time as long as your insurance covers the other car, you can usually ask that the ticket be dropped, although you will be assessed surcharges on your auto insurance depending on the payout.

What did you insurance agent say when you called and reported your accident to them?

 

[racer72]

Most of the time as long as your insurance covers the other car, you can usually ask that the ticket be dropped

And almost all the time the answer will be no. Of the many cases I have seen in traffic court, I never saw a ticket dismissed just because the insurance company paid the damages. The best option for the OP is he/she has a clean driving record would be to ask for a deferral. Get no tickets for one year and the ticket goes away. But get another, both hit your driving record (and insurance company) at the same time.