Fault in Auto Accidents?
Question:
Answer:
In all states, if you hit the back of someones car it is proof that you were following too close for the road conditions at the time and you will get a ticket. If you were not following too close you would have time to stop. Sorry.
NO...
If you rearend someone it is almost always your fault. You are supposed to be far enough back to have time to stop no matter what and the whole bad weather thing wont help because you knew it was bad weather so you should have been even farther back AND you were approaching an intersection so you should have been extra alert for something like this. It sucks, I know cause I've been in the same situation, but that is most likely what you should expect to hear.
Good luck...since you knew she was driving slow due to weather conditions and the light had turned yellow, she stopped. In bad weather it is wise to keep a clear distance from people in front of you and to pay attention to traffic lights ahead. If you had kept a clear distance you would have not slid into the back of her, weather is not at fault, driver is. If you get over on #2 let us know.
I don't know about Michigan specifically, but in other states it is automatically your fault if you rear-end someone, no matter how unfair the situation is. And with the failure to stop in a clear distance, I don't know how you can possibly prove that -- it's your word against hers. (If it helps, I believe ya.) I would try to fight it too, it's worth a shot, but I wouldn't get your hopes up. good luck!!
I was in an accident because of an old person slamming on the brakes- mine were better than hers. But, unfortunately the 3 people behind me weren't as good.
Why aren't you fighting number one? If you had insurance you should be able to take a copy of your policy to the court house and have it dismissed. Unfortunately if you rear end someone generally it's your fault (if there's no foul play). I can't offer any more information than this perhaps one of AnswersRoom.com resident lawyers can be more help.
I definately have experience-- similar situation. That's really interesting how your state handles car accidents. I would go to court, but my assumption is, (that the old lady is a b*tch for starters)--- she was prob just saying that. I hope she doesn't go to the hospital or get any medical records for her neck-- if she does- they might expect you to pay her some cash for her well-being. However-- being the situation-- you were doing 35- her mistake for stopping so sudden.. and the rain.. depending on the judge- you might get out clean. She was in the wrong for stopping at a yellow light-- and it's evedent that if you were NOT speeding-- because you didn't have a huge collision..the judge should look at that and understand you weren't being careless-- which will benefit you! Um, it also sounds liek the cop didn't like you too much- if he was a nice guy- he would've realized the weather probably impaired your braking. Also-- make sure you have car insurance if you don't already- and take proof to court- they'll want to see that to dismiss the first ticket... good luck!
almost every time to hit some one from behind it's your fault since you a have legal duty to maintain a safe driving distant from the car in front of you
now if she had pulled into your lane right before then stopped not allowing you a safe distance then maybe you would win but in your facts you where behind her, bad weather , she stopped you failed to maintain safe driving distance your fault just like when you are backing out of a spot no matter what it's you fault if you hit someone while backing out even if they saw you backing out and did not stop
Honey ,You blew it. She was not going to run a yellow light. You were intending to run a red light.. And you were looking at the signal and not paying attention to those red brake lights.. Pay the ticket, and pray that you don't have to pay too much for her medical expenses..
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