What is the name of your state (only U.S. law)?
In NJ, I was proceeding in my lane when an upcoming traffic light turned yellow. I applied my brakes to stop and was struck from behind as I came to a stop. The vehicle behind me swerved as the driver attempted to avoid the impact, but struck the center island curbing and ricocheted into my rear bumper on the driver's side. Upon exiting our vehicles, the other driver stated that she thought I was going to go through the yellow light (this was not noted on the report). The vehicles were not moved and the police were called. A report was filed and the officer issued a summons for careless driving to the other driver. I filed a claim with my agent and had my car repaired. At this point I assumed it was in the hands of the insurance companies to fight out who is liable for the repair. Today, I received a subpoena to appear in court. The driver of the other vehicle is filing a citizens summons against me for careless driving. Upon reviewing the accident report, I noted that she stated I stopped rapidly. I understand that she has the right to do this, but does she have a legitimate case? From where the vehicles were left, I was barely past the stop light line (momentum from the impact pushed me beyond the line). I don't believe I stopped too rapidly, as I was able to stop before the stop light line and there were no skid marks from my vehicle. Even if I did stop rapidly, shouldn't the driver behind me be traveling at a safe and recommended distance from behind? Do I need a lawyer or is this a fairly cut and dry case? Thank you for reading this and I look forward to your thoughts.
In NJ, I was proceeding in my lane when an upcoming traffic light turned yellow. I applied my brakes to stop and was struck from behind as I came to a stop. The vehicle behind me swerved as the driver attempted to avoid the impact, but struck the center island curbing and ricocheted into my rear bumper on the driver's side. Upon exiting our vehicles, the other driver stated that she thought I was going to go through the yellow light (this was not noted on the report). The vehicles were not moved and the police were called. A report was filed and the officer issued a summons for careless driving to the other driver. I filed a claim with my agent and had my car repaired. At this point I assumed it was in the hands of the insurance companies to fight out who is liable for the repair. Today, I received a subpoena to appear in court. The driver of the other vehicle is filing a citizens summons against me for careless driving. Upon reviewing the accident report, I noted that she stated I stopped rapidly. I understand that she has the right to do this, but does she have a legitimate case? From where the vehicles were left, I was barely past the stop light line (momentum from the impact pushed me beyond the line). I don't believe I stopped too rapidly, as I was able to stop before the stop light line and there were no skid marks from my vehicle. Even if I did stop rapidly, shouldn't the driver behind me be traveling at a safe and recommended distance from behind? Do I need a lawyer or is this a fairly cut and dry case? Thank you for reading this and I look forward to your thoughts.
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