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"Following Too close" Ticket

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an04st

Guest
What is the name of your state? GA

I was 5 car lengths (120 ft) behind another car coming to an intersection (my speed was 45-the speed limit). The light changed to yellow and the car in front of me slammed on the brakes to stop and I rear ended him. I was issued a citation for "following too close." I do not believe that I was totally at fault for this accident. It's not like I was 4 ft from the guys bumper, 120 ft should be enough time to stop under normal circumstances. He stopped so quick there was no time to swerve. Is there any way to beat the citation? From what I hear about Cobb County Traffic court, it would be a waste of time to fight it. There were no witnesses who could say how far I was behind this car or that he stopped suddenly.
 


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BelizeBreeze

Senior Member
Thank you for that gripping tale of nerdowells and the nether land. Please be sure to return to let us know when the Sequel is released. :D
 
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shappell

Junior Member
It dont matter you are required by law to have your vehical under control at ALL times. Rear end collisons are always viewed that the driver following IS responsable, and at fault.
 
J

James Young

Member
BelizeBreeze writes:

Thank you for that gripping tale of nerdowells and the nether land.

Brilliantly helpful. A charter member of S.M.E.G.M.A.
 
S

Shay-Pari'e

Senior Member
James Young said:
BelizeBreeze writes:

Thank you for that gripping tale of nerdowells and the nether land.

Brilliantly helpful. A charter member of S.M.E.G.M.A.
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James, you seem to be getting off track.
 
S

Shay-Pari'e

Senior Member
an04st said:
What is the name of your state? GA

I was 5 car lengths (120 ft) behind another car coming to an intersection (my speed was 45-the speed limit). The light changed to yellow and the car in front of me slammed on the brakes to stop and I rear ended him. I was issued a citation for "following too close." I do not believe that I was totally at fault for this accident. It's not like I was 4 ft from the guys bumper, 120 ft should be enough time to stop under normal circumstances. He stopped so quick there was no time to swerve. Is there any way to beat the citation? From what I hear about Cobb County Traffic court, it would be a waste of time to fight it. There were no witnesses who could say how far I was behind this car or that he stopped suddenly.
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You stated there were no witnesses. Unfortunately the law is what it is. You are at fault under the law.
 
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notb

Junior Member
I hate to just pile it on, but the other folks are right. I'm afraid you are responsible. Here in MA, a guy came to a complete stop on the highway for no apparent reason and was rear ended by 2 vehicles, the last one being a relative of mine. That relative was found responsible for insurance purposes.

But perhaps insurance responsibility is a different matter than the citation. I've been in a few accidents and never got a ticket on top of it. I'm sure the burden of proof for traffic tickets is different than the one for insurance responsibility. After all, accidents do happen, and they are not always caused by driving infractions. I think you should look into fighting the ticket. The worst that can happen is that you are found guilty of tailgating and you are not worse off than if you did nothing. Good luck.
 
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Rhubarb297

Member
notb said:
I
But perhaps insurance responsibility is a different matter than the citation.
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Yep, the question of whether he is liable for the accident and guilty of the moving traffic offense of following too close are actually two different issues. But the reason he will lose both is the reason cited here - the person who rear-ends someone is almost always the one in the wrong.
 
H

Happy Trails

Senior Member
Rhubarb297 said:
Yep, the question of whether he is liable for the accident and guilty of the moving traffic offense of following too close are actually two different issues. But the reason he will lose both is the reason cited here - the person who rear-ends someone is almost always the one in the wrong.
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I'm glad you used the word 'almost'. My uncle was in an accident over the summer. He rear-ended a vehicle that slammed on her brakes because she realized she needed to turn there. He was never cited for anything. It may have been because the other driver admitted full responsibility by acknowledging she had slammed on her brakes. Her insurance company paid for my Uncle's truck and Medical bills. He suffered two broken ankles as well.

In my opinion, I would have thought my Uncle to be responsible. I still find it hard to believe that they wouldn't have found him partially to blame.
 
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Rhubarb297

Member
Happy Trails said:
I'm glad you used the word 'almost'. My uncle was in an accident over the summer. He rear-ended a vehicle that slammed on her brakes because she realized she needed to turn there. He was never cited for anything. It may have been because the other driver admitted full responsibility by acknowledging she had slammed on her brakes. Her insurance company paid for my Uncle's truck and Medical bills. He suffered two broken ankles as well.

In my opinion, I would have thought my Uncle to be responsible. I still find it hard to believe that they wouldn't have found him partially to blame.
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Yes, as usual there are exceptions to any general legal rule, including the rule that the Rear-Ender is guilty/liable for the accident.
 
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