Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
I came to a T junction with a sign stating “inbound traffic does not stop”, “keep moving”. As I turned right into the left lane(there were 2 lanes to turn into) and drove a few yards up, I looked into my rear view to see a car coming towards me. I realiszed that the car was too close so I drove as close as possible to the van in front of me. However it was too late, the car behind couldn’t brake quick enough and tried to swerve into the right lane and crashed into the passenger side of my car. Police cited me at fault. Am I?
Asked on May 18, 2012 under Accident Law, Florida
Answered 12 years ago | Contributor
"The universal language of accidents" to which you refer is no more than a presumption (think: a strong assumption) that the rear car in a "rear-end" collision (i.e. one car hit from behind by a second car moving in the same direction) was at fault, such as by following too closely for conditions. It can be overcome if there is evidence that in this specific case, the lead car was instead negligent, or careless. From what you write, this may have been a case where you were under an obligation or duty to not turn onto the road unless you had checked traffic in both directions and saw that you would have more than adequate clearance, given that "inbound traffic does not stop." Therefore, it may well be that you were in fact at fault, and clearly the police believe you were.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption