Legal Question in Traffic Law in New Jersey

Summoned with a Careless Driving Charge after an accident

A few weeks ago, I was involved in a traffic accident, where I had backed out of my driveway, with all four tires on the roadway, had the car in gear, and was about to hit the gas. A kid was obviously speeding, and hit my vehicle. This is a 25 mile per hour zone, and he had more than 350 feet before hitting my vehicle.

No tickets were given at the scene, and my insurance company found that he was 80% at fault, due to the fact that all four of my tires were in the roadway.

This Saturday evening, I received a summons in the mail to appear before the court to answer for Careless Driving, statue 39:4-97. This charge was issued not by the attending officers, but by the driver who hit me.

Frankly, I think it's just a ploy by him to reduce the amount of liability his insurance company will incur, but I want to find out what some others think.


Asked on 1/05/09, 3:21 pm

4 Answers from Attorneys

steven traub Traub & Tumaian, LLP

Re: Summoned with a Careless Driving Charge after an accident

You may want to issue a ticket against the other driver for careless driving. You only have thirty days from the date of the accident to do so. Please email me and I'll explain the benefits of filing a complaint.

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Answered on 1/05/09, 3:26 pm
Gary Moore Gary Moore Attorney At Law

Re: Summoned with a Careless Driving Charge after an accident

It sounds like a strategic move for purposes of the civil suit.

Gary Moore

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Answered on 1/05/09, 3:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Summoned with a Careless Driving Charge after an accident

I'm sure you are correct, which means he will take this case to trial. As a result, I suggest you hire an attorney to handle the case for you. Call me at 732/247/3340 to discuss.

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Answered on 1/05/09, 4:32 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Summoned with a Careless Driving Charge after an accident

The police are supposed to do their own investigation before they allow a citizen to issue a traffic summons. Most of the time the investigation they do is just very brief. Nevertheless you still now have to face this ticket in court. You will probably have to take the case to trial. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/05/09, 4:39 pm


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