Legal Question in Traffic Law in Virginia

Failure To Stop - Cause Accident

Last week, after a blood-curdling scream from my 4 year old in the back seat, I ran a read light causing an accident. This is my first ticket and my first accident. The ticket says ''failure to stop at red light, accident''. I'm told this is not a prepaid offense and I must go to court? Fortunately, nobody was hurt, just a bit sore and shaken up. What exactly does this mean for me? Fines? Jail? Suspension of license? I'm terrified! Thanks.


Asked on 4/18/05, 7:01 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Failure To Stop - Cause Accident

What matters is not what happened but what you were charged with. We can't be sure, but it sounds like you were NOT charged with "reckless driving." "Reckless driving WOULD carry the possibility of jail time. In that case if you went to court, the judge would be REQUIRED to give you time (scheduling another hearing in the future) for you to go and get a lawyer. If you are asked, say YES I want to get a lawyer I did not understand that I was being charged with anything of that sort, and you WILL get more time to go get legal advice.

However, what you describe does NOT sound like this is what you are being charged with. Of course, what counts is what the charging document actually says. We are all speculating. The charge on the ticket is what counts, not what we are guessing.

If it is simply a ticket, you will probably be found guilty because you are required to keep your car under control. Although it is understandable what happened, the principle is that you have to keep your car from hitting someone else's. That would only be a financial fine, and no more than a couple hundred dollars (if that).

However, in a civil lawsuit, you might be liable to fix the other person's car.

However, if the other car was also breaking a traffic law, and should not have been there, then maybe you will not be found guilty. You would not e resposnible fro any damages.

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Answered on 4/20/05, 10:29 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Failure To Stop - Cause Accident

A fine, perhaps, with a few points against your license is a likely outcome, and certainly no jail nor suspension of your license----assuming, of course, that your version of events represents the "true facts" so to speak. Also, you will probably be required to provide some assurance that the damages caused by your negligence will be taken care of either by your insurer or some other means.

Finally, there's no need to be terrified as matters are very likely to go quite smoothly for you.

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Answered on 4/18/05, 7:14 pm


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