Old Lady Braked For No Reason

[The Frugie]

What is the name of your state? Jacksonville, FL

So I'm driving North on Southside Blvd today (6-lane hwy, I'm in the left lane) and a car pulls in front of me. My first indicator that the driver was an idiot was that she started braking for no reason, so I got a good 4 or 5 car lengths behind her. She finally started driving normally and we're doing about 35-40 (it's a 45mph zone).
Now we're coming up to an intersection. For some reason, the traffic lights were out and the cops were directing traffic. I could clearly see that the cop was waving traffic onward, so I started looking around to see why the cops were there (At first, I didn't realize the lights were out and thought an accident had happened.) Next thing I know, I hear screeching brakes. A split second later I realize that the sound is coming from the car in front on me, so I slam on brakes too. However, I couldn't stop soon enough and ended up rear-ending the old lady's car.
After the impact, I was just to the right of the officer directing traffic and asked him, "do you know why she stopped?" To which, he replied "Your guess is as good as mine." As it turned out, the old lady somehow thought the cop was giving a Stop signal, so she slammed on brakes. Like I said, I was a safe distance behind her, perhaps even the 2 seconds distance you're supposed to follow by law. But, my car weighs about 4500lbs (Impala SS) and it doesn't exactly stop on a dime. Due to the fact that my car rear-ended hers, the officer that wrote the report said that I was at fault. However, he didn't cite me because, like everyone else, he realized that it was completely idiotic for her to slam on brakes for no reason.
The cop said he couldn't charge her with anything, but I'm interested in filing a civil suit against her to recoup the money I'll have to pay to repair my car (had liability but not comprehensive insurance). I strongly believe that she was 100% responsible for this accident, and I'm hoping a judge will agree with me and find her liable.
What do you guys think? Do I have a chance? Any suggestions on how to argue my case?

 

[BelizeBreeze]

Like I said, I was a safe distance behind her

If you were a safe distance behind her AND paying attention, you would have had plenty of time to stop. You have no case except for negligence.

 

[The Frugie]

If I was negligent, I would've been issued a citation. Negligence is disobeying an officer's orders and, in effect, slamming on brakes for a green light. The cop who wrote up the report mentioned that you're supposed to follow the 2 second rule, and after trying this rule out later in the day, I realized that i was in fact 2 seconds behind her. The only reason I hit her is because, apparently, my car takes longer to stop than most. The way I see it, any normal driver would've done what I did on that day. I just happened to be the unlucky person behind her. Very very few drivers would have done what she did. This accident could not have happened without her reckless driving. Now you tell me who was negligent.

 

[teflon_jones]

Frugie, you're just trying to blame somebody else for an accident that was entirely your fault.
1. You admit you weren't paying attention.
2. The law is not 2 seconds, nor is there any law at all that gives a figure for this. The recommendation is a minimum of 1 car length for every 10 MPH you're going, so you should have been at least 3.5-4 car lengths behind her.
3. Being cited or not has absolutely nothing to do with being at fault for the accident.
4. If your car takes longer to stop than most, then you need to take that into account when you're driving.
5. You could have been ticketed for following too closely.

Go ahead and sue her. The judge will laugh you out of court and probably make you pay for her court costs for filing a frivolous lawsuit!

 

[rmet4nzkx]

Ah but by your own admission you didn't know that "The cop who wrote up the report mentioned that you're supposed to follow the 2 second rule, and after trying this rule out later in the day, I realized that i was in fact 2 seconds behind her. The only reason I hit her is because, apparently, my car takes longer to stop than most. " Proving that you were negligent and at fault, if your knew how far it took your car to stop and were driving according to the road conditions, you could have stopped. Even if the light were green, there may have been reason for the person to stop suddenly, that doesn't give you the right to slam into them because they stopped to make sure the officer was directing her to proceed. The cop didn't cite you because of the light being out not because you were not at fault. He clearly said you were at fault for the accident in his report.

 

[rmet4nzkx]

Oh yes, I just checked your history of recent tickets, good thing the cop didn't run your plates, if you do take this to court, expect to get cited in court.
https://forum.freeadvice.com/showthread.php?t=210381 https://forum.freeadvice.com/showthread.php?t=219721
Why don't you get a bicycle?

 

[ENASNI]

Ohhhh

Ohhhh You scary Doc Rmet...

OP I hate stupid drivers too. But you are gonna have to bite it. I live in California and when this wet stuff falls from the sky the brakes come on. THE stupidist thing to do... So far so good for me... Your record does not say the same.


(Doc still mad about the You and the judge.)

 

[rmet4nzkx]

Ohhhh You scary Doc Rmet...

OP I hate stupid drivers too. But you are gonna have to bite it. I live in California and when this wet stuff falls from the sky the brakes come on. THE stupidist thing to do... So far so good for me... Your record does not say the same.


(Doc still mad about the You and the judge.)

And when doesn't it rain in FL? lol.

I think Judgy likes the attention, remember I made him tingly first.

 

[The Frugie]

FYI, rmet4nzkx, both of those threads involved the same ticket. Seeing how it was dismissed in court, no it wouldn't show up on my record. Also, the weather was perfect that day.

 

[JETX]

If I was negligent, I would've been issued a citation.

Where did you get that brilliant piece of logic?? It is NOT correct.

In any case, did you come here to get accurate legal ADVICE or did you come here to argue??
Breezy is correct. You have an OBLIGATION to provide sufficient space to stop between you and the car in front of you. You also have an OBLIGATION to be aware of the traffic around you.... (and NOT 'rubber-necking' to see if there was an accident!!).
You failed on both counts.... and that was the cause of the accident.

Negligence is disobeying an officer's orders and, in effect, slamming on brakes for a green light.

Wrong again!!
Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.

The cop who wrote up the report mentioned that you're supposed to follow the 2 second rule, and after trying this rule out later in the day, I realized that i was in fact 2 seconds behind her.

That is a RULE of safe spacing, and is not chiseled in stone.

The only reason I hit her is because, apparently, my car takes longer to stop than most.

Then you should have allowed for that in your spacing!!
BTW, some other reasons you hit her are in your own statements.
"I started looking around to see why the cops were there"
"A split second later I realize that the sound is coming from the car in front on me, so I slam on brakes too." (If you had been LOOKING where you should have, you would have seen her brake lights.... BEFORE hearing the sound. Light travels far faster than sound!! 186,000 miles per second versus approx 741 miles per HOUR!!).

The way I see it, any normal driver would've done what I did on that day.

I disagree. Most responsible drivers will provide sufficient space between them, ESPECIALLY since you should already have been aware of the potential problem ("My first indicator that the driver was an idiot was that she started braking for no reason, so I got a good 4 or 5 car lengths behind her.").

I just happened to be the unlucky person behind her.

Or more accurately, she just happened to be the unlucky person in FRONT of you.

Very very few drivers would have done what she did.

Agreed, but that isn't the problem.

This accident could not have happened without her reckless driving. Now you tell me who was negligent.

Simply, if she was out on a country road with no one around her and slammed on her brakes, there would not have been an accident. Add you driving too close, and you have an accident.
Already done.... many times.

 

[Yuke]

I believe the fact that you were already aware that she was a bad driver offsets your argument that she braked unreasonably.

 

[ENASNI]

No

I believe the fact that you were already aware that she was a bad driver offsets your argument that she braked unreasonably.

No no no Yuke...You can't use logic on these here boards... what are you thinking?

 

[Lynx 36]

I agree w/ everyone else. You are liable f/ this accident. Just b/c you didn't get a ticket doesn't mean you weren't at fault. FL is a no-fault state anyway. This is another reason you didn't get a ticket.

 

[The Frugie]

In any case, did you come here to get accurate legal ADVICE or did you come here to argue??

A little of both. If I do take this to court I'll need a valid counterpoint to every point you guys have argued. And to be honest with you, I wasn't really expecting helpful advice seeing how the regulars on this site do nothing but tell people they're wrong. Hell, I couldn't even gloat about having a ticket dismissed without some self-appointed doomsday prophets telling me my ticket would probably be re-filed. I bet if that old lady came on here asking if she could sue me for damages, you'd tell her she doesn't have a case either. I really don't understand how you all take so much pleasure in deflating people's hopes, but, like I said, I might be able to use this to my advantage.

You also have an OBLIGATION to be aware of the traffic around you.

Exactly. As a driver you have a responsibility to be aware of your surroundings. If you're only looking at the car in front of you, you're not a good driver. There are a million valid reasons to take your eyes off the car in front of you. For instance; You hear sirens and need to know where they're coming from; You see a car about to get onto the road that might not yield the right of way; You see a sign with directions about construction ahead; the list goes on and on. It only takes a second or two to take in these aspects of your surroundings, but if the car in front of you slams on brakes during that given second, you're likely to hit them. That's why one should be reasonable assured that it's safe to look away before doing so. In my case, she was driving along with traffic; I saw the officer waving us onward; it was reasonably safe to do the responsible thing and take in my surroundings. Her inexplicable braking made an otherwise safe moment to look away, an unsafe one.

Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.

Then we're in agreement. Our only difference is I think slamming on brakes for no reason in the middle of traffic is a failure to exercise care. Apparently, you don't. Go figure.

That is a RULE of safe spacing, and is not chiseled in stone.

The key word is safe. You can be the safest driver in the world, but ultimately, whether or not you get in an accident is up to the idiocy of the people around you. However, following guidelines minimizes that risk. I did that. Unfortunately, idiocy won out.

The only reason I hit her is because, apparently, my car takes longer to stop than most.
Then you should have allowed for that in your spacing!!

How can you allow for what you're not aware of. If you've never had to put your car to the test in such a manner, the safest option is to follow general driving guidelines, which are, more often than not, intentionally more conservative than necessary. Like I said, I did that.

Or more accurately, she just happened to be the unlucky person in FRONT of you.

I know. It isn't even safe to disrupt traffic and disobey a law officer anymore. What is the world coming to?

Very very few drivers would have done what she did.
Agreed, but that isn't the problem.

Then you see what my point is. I'm not arguing who followed the letter of the law. That's a matter for criminal court and is moot because no citations were issued. I'm talking about culpability on the civil level. You've agreed that what she did was out of the ordinary. Accidents happen when people do things that are out of the ordinary. That's why I plan to argue that she's liable. I understand that she's not guilty of anything, just as I'm not, but she is liable.

Simply, if she was out on a country road with no one around her and slammed on her brakes, there would not have been an accident. Add you driving too close, and you have an accident.

Then you should get to point. Brake in the middle of nowhere for no reason, you're not being irresponsible. Brake in the middle of traffic for no reason when everybody expects you to keep moving, including a law officer, you're being irresponsible. That's why I say she's liable.

If you read this whole thing, give yourself a pat on the back...or a glass of scotch, whatever floats your boat.

 

[MandyD]

Where's the 'banging your head against a brick wall' emoticon when you need one?

OP, you're right. She was wrong. Take her to court and sue her pants off. You just have to promise one thing, make sure you come back and let us know TRUTHFULLY how it all came out.