Failure to Reduce Speed to Avoid Collision

[Sprigs]

I live in North Carolina.

I was traveling on a straight, five lane road (two lanes each side with a turning lane in between). There was moderate traffic, and although I am unsure of the exact speed, I know everyone was traveling under speed limit. I estimate we were driving about 40 mph in a 50. The minivan in front of me came to a sudden dead stop. I braked hard but was unable to stop my car. I rear ended her, and despite relatively minimal damage to my car, the driver airbag deployed. No one was injured. Once I exited my vehicle, I saw the reason the driver of the minivan came to a dead stop was because she had rear-ended another driver. I was unaware of the vehicle in front of the van because it was a smaller profile. The driver of the minivan immediately admitted to myself and the other driver that the accident was her fault because she wasn't paying attention. She said she was distracted by a man standing in the turning lane next to his vehicle. She again admitted fault as we spoke to one of the EMS. Unfortunately, I do not know if she admitted fault to the police. I believe I shouldn't be held at fault because no reasonable person could have gone from traveling with the flow of traffic to a sudden, dead stop with no warning. The driver of the van never applied her brakes.

I was given a citation for "operating a motor vehicle on a street or highway without decreasing speed as necessary to avoid colliding with a vehicle (G.S. 20-141(M)). I have a court date to appear next month. My husband believes I should go to court because he believes I should not be "at fault" since the driver of the mini-van admitted to not paying attention. Currently, my insurance company is treating it as an "at fault" accident regarding the rear-end damage to the van. I have the following questions:

1. If I go to court, is there any possibility of having the charges completely dropped or only decreased? Can I be found not guilty, and if so, will my insurance change the "at fault"?

I contacted a lawyer for advice. He said "in cases like yours, the DA typically dismisses charges upon receiving proof that your insurance company has paid and settled all claims for injury and property damage resulting from the wreck". He seemed more interested in letting me know he could be a stand-in at court, so I do not have to personally appear. I am wondering, if there is no chance of having the charges & at fault dismissed, what is the point of going to court? I'd pay more in legal fees than the initial citation (fine and fees), and if my insurance still considers me "at fault", my insurance rates could still be negatively impacted.

I apologize for the long drawn out thread, and I hope I have clearly and thoroughly explained everything. I'm looking for unbiased advice:

1. to determine whether I should pay the fine (despite feeling not at fault in the least)
2. should go to court to dispute the charge in hopes of having it dismissed and my insurance change who was "at fault"

Thank you in advance for any advice.

 

[Zigner]

I live in North Carolina.

I was traveling on a straight, five lane road (two lanes each side with a turning lane in between). There was moderate traffic, and although I am unsure of the exact speed, I know everyone was traveling under speed limit. I estimate we were driving about 40 mph in a 50. The minivan in front of me came to a sudden dead stop. I braked hard but was unable to stop my car. I rear ended her, and despite relatively minimal damage to my car, the driver airbag deployed. No one was injured. Once I exited my vehicle, I saw the reason the driver of the minivan came to a dead stop was because she had rear-ended another driver. I was unaware of the vehicle in front of the van because it was a smaller profile. The driver of the minivan immediately admitted to myself and the other driver that the accident was her fault because she wasn't paying attention. She said she was distracted by a man standing in the turning lane next to his vehicle. She again admitted fault as we spoke to one of the EMS. Unfortunately, I do not know if she admitted fault to the police. I believe I shouldn't be held at fault because no reasonable person could have gone from traveling with the flow of traffic to a sudden, dead stop with no warning. The driver of the van never applied her brakes.

Actually, you are supposed to leave enough space in front of you to allow a stop if the driver in front of you does something crazy, like coming to a sudden, unexpected, complete stop. If you aren't able to, then you are following too closely (tailgating). You are at fault for the damage to the rear of the minivan.

I was given a citation for "operating a motor vehicle on a street or highway without decreasing speed as necessary to avoid colliding with a vehicle (G.S. 20-141(M)). I have a court date to appear next month. My husband believes I should go to court because he believes I should not be "at fault" since the driver of the mini-van admitted to not paying attention. Currently, my insurance company is treating it as an "at fault" accident regarding the rear-end damage to the van. I have the following questions:

1. If I go to court, is there any possibility of having the charges completely dropped or only decreased? Can I be found not guilty, and if so, will my insurance change the "at fault"?[/quote]It is highly unlikely that you will be found not guilty of the charge. Even if you are, the insurance company is not bound by that determination.

I contacted a lawyer for advice. He said "in cases like yours, the DA typically dismisses charges upon receiving proof that your insurance company has paid and settled all claims for injury and property damage resulting from the wreck". He seemed more interested in letting me know he could be a stand-in at court, so I do not have to personally appear. I am wondering, if there is no chance of having the charges & at fault dismissed, what is the point of going to court? I'd pay more in legal fees than the initial citation (fine and fees), and if my insurance still considers me "at fault", my insurance rates could still be negatively impacted.

A dismissal is different from a "not guilty" finding. Your insurance company already considers you at-fault, and that's not going to change.

I apologize for the long drawn out thread, and I hope I have clearly and thoroughly explained everything. I'm looking for unbiased advice:

1. to determine whether I should pay the fine (despite feeling not at fault in the least)
2. should go to court to dispute the charge in hopes of having it dismissed and my insurance change who was "at fault"

Thank you in advance for any advice.

1: That is a personal decision.
2: The court may dismiss it. The insurance company has already made up their mind.

The bottom line is that you were following too closely and unable to stop in time to avoid a collision. Leave more room in front of your vehicle in the future.

 

[Shadowbunny]

I live in North Carolina.

I was traveling on a straight, five lane road (two lanes each side with a turning lane in between). There was moderate traffic, and although I am unsure of the exact speed, I know everyone was traveling under speed limit. I estimate we were driving about 40 mph in a 50. The minivan in front of me came to a sudden dead stop. I braked hard but was unable to stop my car. I rear ended her, and despite relatively minimal damage to my car, the driver airbag deployed. No one was injured. Once I exited my vehicle, I saw the reason the driver of the minivan came to a dead stop was because she had rear-ended another driver. I was unaware of the vehicle in front of the van because it was a smaller profile. The driver of the minivan immediately admitted to myself and the other driver that the accident was her fault because she wasn't paying attention. She said she was distracted by a man standing in the turning lane next to his vehicle. She again admitted fault as we spoke to one of the EMS. Unfortunately, I do not know if she admitted fault to the police. I believe I shouldn't be held at fault because no reasonable person could have gone from traveling with the flow of traffic to a sudden, dead stop with no warning. The driver of the van never applied her brakes.

I was given a citation for "operating a motor vehicle on a street or highway without decreasing speed as necessary to avoid colliding with a vehicle (G.S. 20-141(M)). I have a court date to appear next month. My husband believes I should go to court because he believes I should not be "at fault" since the driver of the mini-van admitted to not paying attention. Currently, my insurance company is treating it as an "at fault" accident regarding the rear-end damage to the van. I have the following questions:

1. If I go to court, is there any possibility of having the charges completely dropped or only decreased? Can I be found not guilty, and if so, will my insurance change the "at fault"?

I contacted a lawyer for advice. He said "in cases like yours, the DA typically dismisses charges upon receiving proof that your insurance company has paid and settled all claims for injury and property damage resulting from the wreck". He seemed more interested in letting me know he could be a stand-in at court, so I do not have to personally appear. I am wondering, if there is no chance of having the charges & at fault dismissed, what is the point of going to court? I'd pay more in legal fees than the initial citation (fine and fees), and if my insurance still considers me "at fault", my insurance rates could still be negatively impacted.

I apologize for the long drawn out thread, and I hope I have clearly and thoroughly explained everything. I'm looking for unbiased advice:

1. to determine whether I should pay the fine (despite feeling not at fault in the least)
2. should go to court to dispute the charge in hopes of having it dismissed and my insurance change who was "at fault"

Thank you in advance for any advice.

You ARE at fault, at least at fault for hitting the person in front of you. Because it is your responsibility to maintain a safe distance between you and the vehicle in front of you. Had you done so, you would have been able to stop without rear-ending anyone. The chances of dismissal are minuscule.

 

[FlyingRon]

Now, here are some options. If you've not done so recently, you can ask the judge for a Prayer for Judgement Continued (often abbreviated PJC or PFJ). This will avoid you the fine and getting both DMV and insurance points provided you can avoid getting any more citations in a specified time (typically three years).

 

[Mass_Shyster]

You may be able to beat the charges, but it's probably not worth the expense.

The general rule of thumb is one car length separation for every ten miles per hour. So at 50MPH, you should be at least 100 feet behind the car in front of you. That way, when the car in front of you slams on the brakes, you have time to react, slam on your brakes, and avoid hitting the car in front.

This rule of thumb assumes both vehicles are braking. This is not your case. You stated that the vehicle in front of you hit a stationary object, and came to a dead stop. When that happened, even if you were 100 feet behind, you would not have had time to stop, as braking distance at 50mph on dry asphalt is 119 feet. That would have also required zero reaction time.

The bad news is that in order to present this defense, you'll need to hire an expert. That will probably cost more than the fine you're facing. You'll also be hard pressed to explain how the vehicle in front of you came to a dead stop from 50mph, and the driver walked away. That would have been one heck of an impact.

 

[adjusterjack]

The general rule of thumb is one car length separation for every ten miles per hour. So at 50MPH, you should be at least 100 feet behind the car in front of you. That way, when the car in front of you slams on the brakes, you have time to react, slam on your brakes, and avoid hitting the car in front.

Not even close.

Stopping distance is 229 ft at 50 mph including reaction time.

See chart.

http://www.csgnetwork.com/stopdistinfo.html

braking distance at 50mph on dry asphalt is 119 feet.

That part is right.

That would have also required zero reaction time.

Which is impossible.

The bad news is that in order to present this defense, you'll need to hire an expert.

The worse news is that an expert isn't going to change the fact that the OP was negligent for following to closely.

 

[xylene]

Your insurance can assign fault to you whatever the outcome of the the ticket.

You would be getting assigned fault even if no ticket had been issued.
That's because you rear ended someone on a busy boulevard.

You and your husband are wrong. The other drivers admission that momentary inattention caused her accident does not change your part in the incident causing a secondary collision.

Despite not going the speed limit, I strongly suspect almost everyone on the road was driving just at the absolute max safe prudent speed for the traffic, actually most likely quite a bit over the prudent speed. Which can still be much less than the speed limit. The speed limit is not a suggested minimum velocity at which traveling below makes you a failure as a motorist. I've driven in North Carolina many times.

 

[Sprigs]

Now, here are some options. If you've not done so recently, you can ask the judge for a Prayer for Judgement Continued (often abbreviated PJC or PFJ). This will avoid you the fine and getting both DMV and insurance points provided you can avoid getting any more citations in a specified time (typically three years).

Thank you for the information, Ron. I appreciate you taking the time.

 

[Zigner]

Thank you for the information, Ron. I appreciate you taking the time.

As pointed out by xylene, your insurance company can (and almost definitely will) still consider this an "at-fault" accident for you.

 

[Sprigs]

You may be able to beat the charges, but it's probably not worth the expense.

The general rule of thumb is one car length separation for every ten miles per hour. So at 50MPH, you should be at least 100 feet behind the car in front of you. That way, when the car in front of you slams on the brakes, you have time to react, slam on your brakes, and avoid hitting the car in front.

This rule of thumb assumes both vehicles are braking. This is not your case. You stated that the vehicle in front of you hit a stationary object, and came to a dead stop. When that happened, even if you were 100 feet behind, you would not have had time to stop, as braking distance at 50mph on dry asphalt is 119 feet. That would have also required zero reaction time.

The bad news is that in order to present this defense, you'll need to hire an expert. That will probably cost more than the fine you're facing. You'll also be hard pressed to explain how the vehicle in front of you came to a dead stop from 50mph, and the driver walked away. That would have been one heck of an impact.

Thank you for the information, Steve. I appreciate you taking the time to answer. I also appreciate you not making assumptions nor being condescending with your answer. You gave a very professional and informative answer. Thank you.

We were only traveling about 40 mph which was likely the only saving grace allowing everyone to walk away. Surprisingly, everyone was driving reasonably for the road and traffic conditions which isn't always the case. We get quite a few people who feel red lights, speed limits, and right of way don't apply to them. I understand the general rule of thumb about safe driving distance. Unfortunately, I do believe I had a slight delay in braking as my mind realized the vehicle in front of me had completely stopped. Although it was brief, the slight delay ate up quite a bit of pavement I'm sure. Again, I appreciate you taking the time to reply and doing so in such a considerate manner.

 

[Sprigs]

As pointed out by xylene, your insurance company can (and almost definitely will) still consider this an "at-fault" accident for you.

Understood. Thank you.

 

[gabam]

I drive for a living. Same exact thing happened to me 2 hours ago. The car infront of me stopped suddenly and rear-ended someone, I had enough space so I avoided rear-ending the car infront of me. I am so glad I had enough space between me and the car infront. I was driving on the highway doing 65 MPH. I consider myself so lucky!!!

 

[Zigner]

I drive for a living. Same exact thing happened to me 2 hours ago. The car infront of me stopped suddenly and rear-ended someone, I had enough space so I avoided rear-ending the car infront of me. I am so glad I had enough space between me and the car infront. I was driving on the highway doing 65 MPH. I consider myself so lucky!!!

I consider you to be wise for allowing room in front of you. Luck doesn't really come in to play, in my opinion.

 

[gabam]

I consider you to be wise for allowing room in front of you. Luck doesn't really come in to play, in my opinion.

I usually keep distance not because of fear that I will rear-end someone. I keep distance because of the fear that the guy behind me will rear-end me. A sudden break by me will surely get me rear-ended. It happened to me once, I learn it the hardway. Now I make sure I keep enough diatance so that I come to a slow and gradual stop and avoid getting rear-ended by the guy behind me. Cars close behind me scare the hell out of me. I keep checking my rear mirror all the time lol.