Legal Question in Traffic Law in Virginia

rear end collision

If a truck hits a car from behind which then hits another car from behind. Is there any chance of winning a case against the charge of following too closely? If the ''lead'' car slams on brakes for no apparent reason and the 2nd car then locks down their brakes, causing the truck to hit the 2nd car due to having nowhere to turn aside due to other traffic? And if no other citation was issued to the truck driver (not speeding, not careless & reckless)? No injuries were reported. 2nd driver transported by ambulance to hospital (as a precaution only due to being newly pregnant). Car 1 very little damage. Car 2 damage front & rear. Truck very little damage. Over 200 feet between truck and 2nd car at the moment of realization 1st car & then 2nd attempting to stop on a major highway in a major metropolitan city during rush hour.


Asked on 11/15/06, 12:46 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: rear end collision

200 feet is a fair distance. Although usually in rear end collision cases there's a presumption of guilt with the one who does the rear-ending, that is not necessarily always the case and there are times when the facts may be sufficiently compelling to rebut that presumption.

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Answered on 11/16/06, 3:14 am
Jonathon Moseley Jonathon A. Moseley

Re: rear end collision

The definition of following too close is following too close to be able to stop if the car in front of you stops. No one allows enough space between cars. But that is not a legal excuse. If there are facts taht are different than usual, you should certainly try to present those facts.

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Answered on 11/16/06, 8:39 am


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