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Speed by damage

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dilbert16001

Guest
I live in PA. My son was recently involved in an auto accident. He rear-ended another vehicle just after an intersection. My son claims his light was green and did not know where the car in front of him came from because they had no lights on. The police are charging him with careless driving and excessive speed. There are no skid marks on the road due to my son not having time to hit the brakes. The officer claims that he can charge him due to the amount of damage to both vehicles. He told me that he determined my son's speed to be approx. 60 mph and the car he struck was at 45 mph at the time of the accident. I don't understand how he can determine this from damage. I feel the same damage can be done with my son doing 40 and the other car doing 25 mph. Can he legally charge him using this evidence and, if he can, should my son attempt to fight these charges?
 


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cdcard

Guest
Dear dilbert16001:
Normally, when Car A rear ends Car B, Car A is liable. However, if it was dark and Car B didn't have its lights on, this is at least a mitigating factor and may exonerate your son completely (depending on other factors). As far as the police officer's estimate of your son's speed: it depends on this officer's training and how good he is at his job. Police officers receive different levels of training in accident reconstruction. Some police departments offer only a few hours training; others mandate lengthy seminars; many offer their training in steps. If criminal charges are filed against your son over this, I recommend consulting with a local criminal defense attorney. If the driver of the car in front of your son files a civil suit against your son, I recommend consulting with a local personal injury attorney. Police reports are often successfully contested in courtrooms and these attorneys can help your son do this, if necessary. Best of luck to you.
 

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