Legal Question in Traffic Law in Louisiana

Following to Close-Minor Accident

I was second in line at a stop sign about to merge onto another street. The vehicle in front of me which had his tailgate down and had a bunch of tools laying down protruding past the tailgate (also it appeared nothing was tied down). The vehicle in front of me stoped, then proceeded to merge, then I stopped at the stop sign, looked behind me to make sure it was safe to merge, it was and so I started to go forward, when I turned around the truck in front of me was stopped and I rear ended him. Not hard but my hood was dented and so was his tailgate. We called the police and I was cited for following too close. I dont understand, the truck in front of me stoped at the sign then stoped mid merge, I also stoped at the sign and when I noticed it was safe went. There was no reason for him to stop his car in the middle of a merge, there were no cars comming that would cause him to stop. I suspect that the stuff in his car was loose and bouncing around and that is what caused him to stop. There were no witnesses and the cop did not even see what happened all he has is my story against the other guys story. So when I go to fight it at court how do they prove who is at fault. The other guy was not given a court date to show up, only me.


Asked on 5/28/08, 9:42 am

2 Answers from Attorneys
laurence cohen laurence cohen, attorney-at-law, aplc

Re: Following to Close-Minor Accident

A motorist who strikes the rear of a vehicle ahead of him is presumed to be at fault. There is no doubt that you are liable for his damages. Do not confuse civil liability with the criminal charge. You may be able to go to court and convince the judge that the driver of front of you was already in traffic and stopped for no reason. You may be civilly liable but not criminally negligent. Usually if you have insurance the court will throw out the ticket. Good luck.

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Answered on 5/28/08, 10:00 am
laurence cohen laurence cohen, attorney-at-law, aplc

Re: Following to Close-Minor Accident

A motorist who strikes the rear of a vehicle ahead of him is presumed to be at fault. There is no doubt that you are liable for his damages. Do not confuse civil liability with the criminal charge. You may be able to go to court and convince the judge that the driver of front of you was already in traffic and stopped for no reason. You may be civilly liable but not criminally negligent. Usually if you have insurance the court will throw out the ticket. Good luck.

Read more
Answered on 5/28/08, 10:00 am


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