I've got a careless driving citation, and i feel it was unfair by the officer.

by Joseph

I was Heading to work like a quarter to 7am. Leaving home, I join the main road on the right side lane. This is a 3 lane road and the right side lane gets congested, due to the many right turns available. Once i join this lane, i don't move from there.

Because 3 lights down, follows the highway exit i take. The situation was, before the 3rd light. There a highway exist before the one i take, once i pass this 3rd light. There is a white line that separates the first highway exit from the lane im still in. When heading to the 3rd light. A driver from my left side(Middle lane),suddenthly Cut me off tight, In order for him or she to take this first exit. In the location this driver cut me off, there are a numerous of white lines,like a curvy ladder shape, were present.

When cutting me off, this driver went over this lines. Who ever was this person, he or she should join the lane I was in advance. The same way i do 5 days a week.

My collision happened when as a natural reaction, I strongly hit my breaks to avoid hitting this vehicle cutting me off. My car just keep sliding forward and for my luck end up hitting the car in front of me. That it was starting a reduction prior the 3rd light. I wasn’t driving at speeds.

My car just kept moving forward. The road had some morning moisture, and along with the force i used on my breaks. Might be the cause for this slide. I have never been in this scary situation before. I understand that i hit a car. But i was trying to avoid an accident, with this negligent driver. Why this officer gave me a Careless Driver Citation?. When i was just trying to prevent a collision with a negligent driver. And for my luck, my effort failed with a slide and following a collision.


Answer:


Hello Joseph,

Well, you have to remember, you have an affirmative duty to preserve your distance to avoid this specific situation. If you cannot stop safely, you will have some liability.

You can try to dispute the police report and citation, but the point of impact will not help you at all. However, you lose nothing by trying.

Remember that you have the “sudden emergency doctrine” which you can argue. If you don’t know what that is, you should Google it.


As always, it is very important that you talk with a local attorney!
Good Luck,
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