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Confused

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c_olivr

Junior Member
What is the name of your state? Virginia
I was doing approx. 45-47mph on 45mph 2 lane hwy, and rounded a curve and noticed a car up ahead, but did not realize this car was slowing, stopping or otherwise since I saw not brake lights, no flashers, no turn signal...nothing. When I realized the car was not moving with traffic I hit the brakes, but I still rear ended him. It was not raining but the road was wet from rain that stopped about 15 min before. The police officer verified that the man had faulty brake lights and wrote him a ticket for that. I however was written a ticket for reckless driving.....I wasn't driving fast, and don't feel I was reckless, but the Insurance company said that if I hit him from behind I/my insurance company takes full liability......this seems crazy since he to me, seems at least partially responsible. I have a court date on July 25th, the officer said he would be there and the reckless driving may be reduced to driving to fast for conditions. Has this happened to anyone else?? It doesn't seem fair (not that life is) What did you do? Is there anything I can/should do?:(
 


moburkes

Senior Member
Yep, you will be held responsible for the accident by your insurance company. You said yourself that the roads were wet (proceed with caution), and you were rounding a curve (proceed with caution), and were probably speeding (bad thing to do, especially when you are rounding a curve on wet roads). Even if your ticket is reduced, with most insurance companies, they only charge the higher point violation (the at fault accident) when 2 occur at the same time (the ticket and the accident).
 

ecmst12

Senior Member
You're supposed to be driving slowly enough and watching carefully enough that if a stationary obstacle appears in front of you, you have ample time to stop. His faulty brake lights are irrelevant; had you been watching more closely, you would have seen that he was stopping; you're not supposed to rely on brake lights alone.

I don't know much about "comparitive negligence" states, but I am guessing VA is not one of them.
 

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