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NFT: Traffic Legal Advice

Saos1n : 7/19/2014 5:28 pm
I was recently in a car accident that totaled my car. At the scene, it appeared that I just looked away from the road and when I looked back up, the cars in front of me were dead stop. I hit the car in front of me, which hit the car in front of her, which hit the car in front of her...

4 cars in total... I went to the hospital, which is where the officer gave me my license back and gave me two tickets... One for reckless driving and one for driving without a seat belt... The reckless driving was issued for me 'taking my eyes off the road'

After speaking with the total loss department of Geico, I found out that they spoke to all parties involved... It was determined that the car in front of me hit the car in front of her, which is what caused the back up that I ran into...

That should help my cause to get the reckless driving charge reduced, but I am not sure that what GEICO determines after speaking to all parties will really get passed on to the court system... Clean driving record... 29 years old...

Do I really need to hire an attorney to get it reduced??

Thanks for any info, BBI
I'd get a lawyer.  
Wuphat : 7/19/2014 5:38 pm : link
If you hit people in front of you, you were travelling too fast, too close, or not paying attention -- any of which go to reckless driving.

Lawyer up.
Yes  
Mr. Nickels : 7/19/2014 5:41 pm : link
hire a lawyer
Which will cost him more  
Steve in South Jersey : 7/19/2014 5:50 pm : link
the lawyer or the increased insurance fee?
Complicated situation  
BillT : 7/19/2014 5:53 pm : link
With a lot at stake. A lawyer couldn't hurt.
I'm not sure I understand (or agree) with your point ...  
baadbill : 7/19/2014 6:11 pm : link
Traffic stopped and you ran into the rear of the car in front of you ... now you learn WHY the traffic in front of you stopped and you think that makes you less responsible for not stopping in time?

It doesn't work that way. When you hit the rear of the car in front of you, there is virtually NEVER a good reason for doing so. The bottom line - almost EVERY TIME - is that you hit the car in front of you ONLY because you were traveling closer than you should (i.e. had you created more distance you would have had time to react and bring your car to a safe stop).

WHY the traffic in front of you stopped is, frankly, totally irrelevant.
I second what baadbill said  
Mike in NY : 7/19/2014 6:24 pm : link
The other accident may only be relevant when you are sued. As for the tickets GET AN ATTORNEY
Hard to believe  
pjcas18 : 7/19/2014 7:15 pm : link
you got reckless driving for a multi-vehicle accident when other cars had already crashed.

I could see traveling too closely or something like that.

I'd get an attorney get it reduced from reckless driving.

My wife was in a fender bender two years ago and got no ticket or anything but the accident was her fault, and i'm still paying an insurance surcharge and will be a couple more years.

Meet with an attorney, give them the details if they guarantee they can get you with no moving violations (even if the accident is still your fault) I'd say it's worth it (depending on cost obviously). $1000 or $1500 definitely worth it I'd think. I'm paying $500 more per year than I could be on insurance for 5 years
yeah most police wont care why you hit the car in front of you  
BillyBoy8384 : 7/19/2014 7:34 pm : link
Awhile back I was driving through the Watchung Reservation which is all windy and curvy at some points and I was behind a car and a deer jumped out of the woods and the driver in front of me slammed on the breaks and so did I, however, I skidded and hit the back of this ladies car. Not hard but not a little tap either.

She was actually nice and said she thought I was going to hit her without stopping which would have been injuries. She was relieved their was little damage and nobody was hurt. My car's bumper took the worst. Hers was just some scratches bc her bumper was nighwer up. I was in a fusion and she was in an escape.

Well the police arrived and came up to us , who were sitting in the middle of no where, and asked what happened. The minute I said I slided into the back of her car he stopped and said that it was automatically my fault and that I should have had time to stop. I disagreed and said it was wet and on a turn and that she either had to A. hit the deer or B. jam on the breaks . She did the logical thing and natural instive thing which was to slam on the breaks. Deers fault right? Thats what we thought. Even the lady tried putting in some words saying she was so grateful I saw her slam the breaks and that there was 0 reaction time.

I got a careless driving ticket. They cop was a prick he stopped answering my questions just because I didnt agree with his assessment which was childish on his part.

Anyway I got a cheap lawyer and got a statement from the lady I hit saying I had no idea a deer was going to do that and that the reason I bumped her was because it was wet. She also wrote she thought it was unfair for me to be ticketed and that she was thankful that it was only a bump she recieved instead of someone not noticing and hitting her full steam and her being killed. Long story I got the ticket tossed. But 9 out of 10 judges will rule against you. Without her letter basically saying I avoided killing her by looking ahead and she was thankful I was paying attention to what was in front of her car.

Lawyer up and you wont get reckless if an accident caused your accident.
Thank guys!  
Saos1n : 7/19/2014 7:34 pm : link
Appreciate it!
A lawyer might be helpful in case anyone else tries to sue you  
Bramton1 : 7/19/2014 7:37 pm : link
I don't think the guy you hit would have much of a case against you if he himself was in this situation by hitting someone.

You started that the car in front of you hit the car in front of him who hit the car in front of him. That's a total of four cars involved. Your insurance company believes that the car in front of you hit the car in front in him. What about the car in front of them? When did they get hit?

As far as getting the reckless driving charge dropped or reduced, that's unlikely. You freely admitted you took your eyes off the road. If you said that everything happened so fast and were just slow to react, maybe you would have had a chance. That's what happened to me once. Took my eyes off the road and hit the car in front of me. Got a ticket, and had to go to defensive driving school, but didn't get reckless. My car got totaled.
...  
10to80for6 : 7/19/2014 7:42 pm : link
I'm a lawyer. Get ready for litigation. GEICO will retain a defense firm to represent you. Just make sure you notify them asap when you get served.
forgot to say.  
10to80for6 : 7/19/2014 7:45 pm : link
Don't be surprised if all occupants in the cara in front of you claim various injuries. The fact that you hit the car in front of you should render you 100% liable. Driving history means nothing. The cara in front of you will most likely sue you and claim multiple impacts from the rear. That's why o said get ready for litigation.
Does your insurance co.  
Rick5 : 7/19/2014 7:54 pm : link
have accident forgiveness? Same thing happened to me a while back (and I got a ticket for following too closely). Totally my fault. My insurance rate didn't go up one penny due to accident forgiveness.
Gotta love the lawyers.  
Sarcastic Sam : 7/19/2014 7:58 pm : link
Protecting and $erving tho$e who need help the mo$t.
I also  
Rick5 : 7/19/2014 7:59 pm : link
did not get a lawyer and an ambulance came for the guy in the car in front. I don't think he was seriously hurt, but who knows? That was the last I ever heard about it. Nothing happened. This was about 4 or 5 years ago.
Glad  
Berrylish : 7/19/2014 8:46 pm : link
you're ok!
As far as suits over injuries to individuals in the various cars  
Hammer : 7/19/2014 9:01 pm : link
NJ is a no fault insurance state. That means that everyone that suffered injuries in this clusterfuck will be suing the individual that owned the car in which they were injured. After the various insurance companies pay those claims they will take each other to arbitration to sort out who owes what to whom.

What I an unsure of is what happens if injuries sustained exceed the amount of liability insurance coverage any individual vehicle owner had. That's where things get messy and that is where you are going to need an attorney.

Good luck.Its a mess.
unfortunately there is a presumption that  
gidiefor : Mod : 7/19/2014 9:02 pm : link
you are wrong when you rear end cars that are stopped

glad you are okay
Hammer  
baadbill : 7/19/2014 9:30 pm : link
That is just plain wrong.
RE: Hammer  
Hammer : 7/19/2014 11:19 pm : link
In comment 11773284 baadbill said:
Quote:
That is just plain wrong.


Is it? How so?
Hammer  
baadbill : 7/19/2014 11:32 pm : link
sigh ... why do I have to waste my time explaining why you don't have a clue what you're talking about? ... post about stuff you know about ... but stop trying to talk about stuff you have no clue about ... seriously

to keep it very simple and basic, "no fault" is about one thing and one thing only ... medical bills ... you still sue the party at fault for injuries or property damage ... and, at the end of the day, it has absolutely fucking NOTHING to do with the subject of the thread ... nothing whatsoever ... but why the fuck am i wasting my time explaining this? i'm obviously the fucking idiot ... sorry, i'm over and out
A few thoughts  
Matt M. : 7/19/2014 11:42 pm : link
1) the accident in front is immaterial. He would be considered 100% liable for hitting the car in front of him. The accident may absolve him of liability for the other cars in front of that. But, hitting a car directly in front of you is 99.9% of the time considered your liability.

2) Geico will retain lawyers to argue on his behalf solely for the purposes of insurance liability and payment. Their lawyers will not help him with his legal situation/tickets.

RE: Hammer  
Hammer : 7/20/2014 12:12 am : link
In comment 11773317 baadbill said:
Quote:
sigh ... why do I have to waste my time explaining why you don't have a clue what you're talking about? ... post about stuff you know about ... but stop trying to talk about stuff you have no clue about ... seriously

to keep it very simple and basic, "no fault" is about one thing and one thing only ... medical bills ... you still sue the party at fault for injuries or property damage ... and, at the end of the day, it has absolutely fucking NOTHING to do with the subject of the thread ... nothing whatsoever ... but why the fuck am i wasting my time explaining this? i'm obviously the fucking idiot ... sorry, i'm over and out


Wow. Having a tough day huh? I hope tomorrow is better for ya.
RE: RE: Hammer  
baadbill : 7/20/2014 12:56 am : link
In comment 11773324 Hammer said:
Quote:
Wow. Having a tough day huh? I hope tomorrow is better for ya.


Thanks. I could use a good day. It's been a while.
Whenever there is a rear end collision  
GiantJohn : 7/20/2014 4:57 am : link
The driver in the rear will be the guilty party. Can't blame "conditions" or a deer ran out in front etc. have to allow extra space between cars to allow for such things. You can get a lawyer and maybe that will help with tickets. From an insurance co perspective the driver to the rear will be responsible party. Always allow extra space. Yes that's difficult at times but that's the way it is.

you  
blue42 : 7/20/2014 11:16 am : link
were following to close and did not increase your distance despite it being wet out and being on a difficult road.
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