• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rear-ended a Mercedes that intentionally caused accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

MWGunnar

Guest
A few days ago, a gentleman driving a Mercedes Benz (1983) was driving 20 MPH in a 45 zone. Traffic was empty, clear day, dry roads, noon-time, no animals, children, etc, playing in, near or anywhere visible from road.

I was following a bit too close (due to his slow speed) and he proceeded to stop in the middle of the road to intentionally cause a rear-end collision. My insurance company is paying his claim (though they admit he obviously caused the accident on purpose).

My question is: though they'll pay his claim, even though he intentionally caused the accident, are there any other avenues for me to file claims/charges against him for things like reckless driving, driving to endanger, etc... in civil court (or any other) to recover my costs as a result of his driving, as well as file any charges against him for his actions?

I live in NC, and I have a passenger witness ready to attest to the man's intentions of causing the accident and there were no citations from the policeman (I called them immediately since I believed this man was about to attempt insurance fraud or a pay-off).

Hopeful?

Thanks
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Problem here: you admit you were following too closely. Can you determine accurately through hard facts how slow he was going?

Many states have laws that prohibit slow driving, as well. It is unsafe at times.

In North Carolina:

http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0200.html

here is a quote:

§ 20-141. Speed restrictions.
(a) No person shall drive a vehicle on a highway or in a
public vehicular area at a speed greater than is reasonable and
prudent under the conditions then existing.
(b) Except as otherwise provided in this Chapter, it shall
be unlawful to operate a vehicle in excess of the following
speeds:
(1) Thirty-five miles per hour inside municipal
corporate limits for all vehicles.
(2) Fifty-five miles per hour outside municipal
corporate limits for all vehicles except for school buses and
school activity buses.
(c) Except while towing another vehicle, or when an
advisory safe-speed sign indicates a slower speed, or as
otherwise provided by law, it shall be unlawful to operate a
passenger vehicle upon the interstate and primary highway system
at less than the following speeds:
(1) Forty miles per hour in a speed zone of 55
miles per hour.
(2) Forty-five miles per hour in a speed zone of 60
miles per hour or greater.
These minimum speeds shall be effective only when
appropriate signs are posted indicating the minimum speed.
(d) (1) Whenever the Department of Transportation
determines on the basis of an engineering and traffic
investigation that any speed allowed by subsection (b) is greater
than is reasonable and safe under the conditions found to exist
upon any part of a highway outside the corporate limits of a
municipality or upon any part of a highway designated as part of
the Interstate Highway System or any part of a controlled-access
highway (either inside or outside the corporate limits of a
municipality), the Department of Transportation shall determine
and declare a reasonable and safe speed limit.
(2) Whenever the Department of Transportation
determines on the basis of an engineering and traffic
investigation that a higher maximum speed than those set forth in
subsection (b) is reasonable and safe under the conditions found
to exist upon any part of a highway designated as part of the
Interstate Highway System or any part of a controlled-access
highway (either inside or outside the corporate limits of a
municipality) the Department of Transportation shall determine
and declare a reasonable and safe speed limit. A speed limit set
pursuant to this subsection may not exceed 70 miles per hour.
Speed limits set pursuant to this subsection are not
effective until appropriate signs giving notice thereof are
erected upon the parts of the highway affected.
(e) Local authorities, in their respective jurisdictions,
may authorize by ordinance higher speeds or lower speeds than
those set out in subsection (b) upon all streets which are not
part of the State highway system; but no speed so fixed shall
authorize a speed in excess of 55 miles per hour. Speed limits
set pursuant to this subsection shall be effective when
appropriate signs giving notice thereof are erected upon the part
of the streets affected.
(e1) Local authorities within their respective
jurisdictions may authorize, by ordinance, lower speed limits
than those set in subsection (b) of this section on school
property. If the lower speed limit is being set on the grounds of
a public school, the local school administrative unit must
request or consent to the lower speed limit. If the lower speed
limit is being set on the grounds of a private school, the
governing body of the school must request or consent to the lower
speed limit. Speed limits established pursuant to this subsection
shall become effective when appropriate signs giving notice of
the speed limit are erected upon affected property. A person who
drives a motor vehicle on school property at a speed greater than
the speed limit set and posted under this subsection is
responsible for an infraction and is required to pay a penalty of
not less than twenty-five dollars ($25.00).
(f) Whenever local authorities within their respective
jurisdictions determine upon the basis of an engineering and
traffic investigation that a higher maximum speed than those set
forth in subsection (b) is reasonable and safe, or that any speed
hereinbefore set forth is greater than is reasonable and safe,
under the conditions found to exist upon any part of a street
within the corporate limits of a municipality and which street is
a part of the State highway system (except those highways
designated as part of the interstate highway system or other
controlled-access highway) said local authorities shall determine
and declare a safe and reasonable speed limit. A speed limit set
pursuant to this subsection may not exceed 55 miles per hour.
Limits set pursuant to this subsection shall become effective
when the Department of Transportation has passed a concurring
ordinance and signs are erected giving notice of the authorized
speed limit.
The Department of Transportation is authorized to raise or
lower the statutory speed limit on all highways on the State
highway system within municipalities which do not have a
governing body to enact municipal ordinances as provided by law.
The Department of Transportation shall determine a reasonable and
safe speed limit in the same manner as is provided in G.S. 20-
141(d)(1) and G.S. 20-141(d)(2) for changing the speed limits
outside of municipalities, without action of the municipality.
(g) Whenever the Department of Transportation or local
authorities within their respective jurisdictions determine on
the basis of an engineering and traffic investigation that slow
speeds on any part of a highway considerably impede the normal
and reasonable movement of traffic, the Department of
Transportation or such local authority may determine and declare
a minimum speed below which no person shall operate a motor
vehicle except when necessary for safe operation in compliance
with law. Such minimum speed limit shall be effective when
appropriate signs giving notice thereof are erected on said part
of the highway. Provided, such minimum speed limit shall be
effective as to those highways and streets within the corporate
limits of a municipality which are on the State highway system
only when ordinances adopting the minimum speed limit are passed
and concurred in by both the Department of Transportation and the
local authorities. The provisions of this subsection shall not
apply to farm tractors and other motor vehicles operating at
reasonable speeds for the type and nature of such vehicles.
(h) No person shall operate a motor vehicle on the highway
at such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary for
safe operation or in compliance with law; provided, this
provision shall not apply to farm tractors and other motor
vehicles operating at reasonable speeds for the type and nature
of such vehicles.
(i) The Department of Transportation shall have authority
to designate and appropriately mark certain highways of the State
as truck routes.
(j) Repealed by Session Laws 1997, c. 443, s. 19.26(b).
(j1) A person who drives a vehicle on a highway at a speed
that is either more than 15 miles per hour more than the speed
limit established by law for the highway where the offense
occurred or over 80 miles per hour is guilty of a Class 2
misdemeanor.
(j2) A person who drives a motor vehicle in a highway work
zone at a speed greater than the speed limit set and posted under
this section shall be required to pay a penalty of two hundred
fifty dollars ($250.00). This penalty shall be imposed in
addition to those penalties established in this Chapter. A
"highway work zone" is the area between the first sign that
informs motorists of the existence of a work zone on a highway
and the last sign that informs motorists of the end of the work
zone. This subsection applies only if a sign posted at the
beginning of the highway work zone states the penalty for
speeding in the work zone. The Secretary shall ensure that work
zones shall only be posted with penalty signs if the Secretary
determines, after engineering review, that the posting is
necessary to ensure the safety of the traveling public due to a
hazardous condition.
A law enforcement officer issuing a citation for a violation
of this section while in a highway work zone shall indicate the
vehicle speed and speed limit posted in the work zone. Upon an
individual's conviction of a violation of this section while in a
highway work zone, the clerk of court shall report that the
vehicle was in a work zone at the time of the violation, the
vehicle speed, and the speed limit of the work zone to the
Division of Motor Vehicles.
(k) Repealed by Session Laws 1995 (Regular Session, 1996),
c. 652, s. 1.
(l) Notwithstanding any other provision contained in G.S.
20-141 or any other statute or law of this State, including
municipal charters, any speed limit on any portion of the public
highways within the jurisdiction of this State shall be uniformly
applicable to all types of motor vehicles using such portion of
the highway, if on November 1, 1973, such portion of the highway
had a speed limit which was uniformly applicable to all types of
motor vehicles using it. Provided, however, that a lower speed
limit may be established for any vehicle operating under a
special permit because of any weight or dimension of such
vehicle, including any load thereon. The requirement for a
uniform speed limit hereunder shall not apply to any portion of
the highway during such time as the condition of the highway,
weather, an accident, or other condition creates a temporary
hazard to the safety of traffic on such portion of the highway.
(m) The fact that the speed of a vehicle is lower than the
foregoing limits shall not relieve the operator of a vehicle from
the duty to decrease speed as may be necessary to avoid colliding
with any person, vehicle or other conveyance on or entering the
highway, and to avoid injury to any person or property.
(n) Notwithstanding any other provision contained in G.S.
20-141 or any other statute or law of this State, the failure of
a motorist to stop his vehicle within the radius of its
headlights or the range of his vision shall not be held
negligence per se or contributory negligence per se. (1937, c.
297, s. 2; c. 407, s. 103; 1939, c. 275; 1941, c. 347; 1947, c.
1067, s. 17; 1949, c. 947, s. 1; 1953, c. 1145; 1955, c. 398; c.
555, ss. 1, 2; c. 1042; 1957, c. 65, s. 11; c. 214; 1959, c. 640;
c. 1264, s. 10; 1961, cc. 99, 1147; 1963, cc. 134, 456, 949;
1967, c. 106; 1971, c. 79, ss. 1-3; 1973, c. 507, s. 5; c. 1330,
s. 7; 1975, c. 225; 1977, c. 367; c. 464, s. 34; c. 470; 1983, c.
131; 1985, c. 764, ss. 29, 30; 1985 (Reg. Sess., 1986), c. 852,
s. 17; 1987, c. 164; 1991 (Reg. Sess., 1992), c. 818, s. 1; c.
1034, s. 1; 1993, c. 539, ss. 366, 367; 1994, Ex. Sess., c. 24,
s. 14(c); 1995 (Reg. Sess., 1996), c. 652, s. 1; 1997-341, s. 1;
1997-443, s. 19.26(b); 1997-488, s. 1; 1999-330, s. 3.)

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top