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Rear Ended Lady Who Panic Stopped On Off Ramp?

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Rear Ended Lady Who Panic Stopped On Off Ramp?

Postby hanford » Sun Oct 01, 2017 9:11 pm

State of Nebraska

Last week, I rear ended a lady who had accidentally exited, panicked, slammed on her brakes on the off ramp to try and recklessly get back on to the interstate.


At this time, i was at the point of merging into the exit lane she was in.
It was during that second and half of me making sure I'm not going to hit someone while merging, that she slammed on her brakes.
She instantly apologized for what had happened.

I was cited for following too closely, SHE was cited for improper lane change.

The insurance company found me at fault obviously because I hit her from behind.

My question is about the ticket.
I feel genuine that it was not my fault.
I already know the lady was distracted because she admitted straight out that she was following another lady in a van (who came back after we collided) but yet somehow that lady she was following stayed on the interstate and the lady i hit exited.
So she was absolutely distracted, was not from a city, panicked, and slammed on her brakes on an off ramp while i was merging.


I don't believe i was guilty because as I started to merge, she was of no hazard to me and had plenty of distance.
It was that second and a half of me merging and making sure I'M not going to hit someone, that i merged on and instantly had to slam on my brakes, i was traveling about 55 60 and my car did not stop in time.


I need just some advice on what to do. Does this sound arguable? The cop that cited me indirectly told me to plead not guilty. I'm already paying for what i did, as i was in a small 90 accord and her in an SUV.

I tried looking up statutes, but could only find things about "comparative negligence"

Please Help:)

PS this might sound like a long shot, and probably wont ever use this, but my car is a 1990 and hers was a 2008.
Is it arguable that even though there was a safe following distance, my car is just not simply engineered as well to stop as fast as hers? I know that sounds crazy and might be detrimental to me, but i feel that way as well.
The lady stops on an off ramp. I just simply feel i am not entirely at fault.

PSS. I hear a lot of rear ended victims coming back years later for settlement by sueing. If im found not guilty, will that help me if she ever tries to? thanks!
hanford
 
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Joined: Mon Oct 29, 2012 11:53 pm

Rear Ended Lady Who Panic Stopped On Off Ramp?

Postby diederich61 » Mon Oct 02, 2017 6:39 am

You can plead not guilty, if you find a sympathetic prosecutor he/she might let you off with a warning since the circumstances were not the same as the usual following too close scenario.


As for your PS question, that is not a valid argument. If your car doesn't stop well, you need to allow more space.


On your PSS question - again no, if she sues you somewhere down the road the result of the ticket will have no impact at all, your insurance company has already admitted blame.
diederich61
 
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Joined: Thu Mar 31, 2011 8:17 pm

Rear Ended Lady Who Panic Stopped On Off Ramp?

Postby Teijo » Thu Oct 05, 2017 6:17 am

A "safe" following distance means a following distance that is enough to be able to stop in time.
It is not a specific number of inches.
If your car is not engineered as well to stop as fast, then the "safe following distance" is farther.
For a bus or a large truck, the safe following distance is much farther than it is for a car.
If your car was not engineered to stop in the distance that you had between you and her, then the distance was not a "safe following distance" for your car (even though it might be for another car).

Putting aside the "safe distance" issue, I think you should consider another question: Were you actually "following" (driving behind her)? Or what happened this: She was not directly in front of you, and then she cut in front of you and was hit immediately, without you ever driving behind her?
Teijo
 
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Joined: Mon Feb 10, 2014 5:30 pm

Rear Ended Lady Who Panic Stopped On Off Ramp?

Postby Yue » Thu Oct 05, 2017 6:51 pm

If you rear end somone, that tells the story. You are at fault! Here is your ticket, "Failure to maintain a safe distance, causing an accident."
Yue
 
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Joined: Sat Jan 04, 2014 6:45 pm

Rear Ended Lady Who Panic Stopped On Off Ramp?

Postby Dermod » Mon Oct 09, 2017 1:40 pm

I believe all above me in this. you're at fault considering you hit the vehicle from the rear. that's no longer computerized in each case, yet to get out of it, you will would desire to pass to courtroom with witnesses who observed the twist of fate and would make particular she a million) decrease you off, and a pair of) stopped short in front of you in the previous you had the possibility to regain a secure following distance. that's the reason such various vehicle/truck injuries are the truck motive force's fault. the motive force of a vehicle does some thing stupid, leaves no room for a truck, and then stops and is hit by using the truck. without witnesses, maximum injuries would be governed against the motor vehicle which replaced into in the rear place.
Dermod
 
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Joined: Fri Feb 28, 2014 8:42 am


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