Youngstown, OH asked in Personal Injury and Insurance Defense for Ohio

Q: Rear-ended someone after passing a green light (5-10mph). What are my rights if I was break-checked...

Getting off the highway after light just turned green, she hit her breaks to turn left onto the bridge off the exit inner lane, accelerated, I start to accelerate, she slams on her breaks. I breaked, but not fast enough because I was just getting around the turn & around a line of stopped traffic going in the opposite direction. Hit was unavoidable. She was the first car in line, no wildlife/oncoming traffic to avoid. She wouldn't talk to me to exchange info, just to tell me her neck hurt. Police report filed (ticket issued to me claiming I was following too closely [lies]), insurance companies called. Ambulance refused by other driver. First accident for me. She was definitely an older driver...maybe she was confused? This was her neighborhood (which I know because while we were stopped, someone driving by stopped to talk to her), what if she breaked suddenly because she thought she saw someone she recognized? Little damage to cars. Not sure what I can prove. Do I have a defense?

1 Lawyer Answer

A: If you rear-ended someone, you just-about certainly were following too closely. You should ALWAYS leave enough room between you and the car in front of you, so as to guard against EXACTLY this sort of thing happening. So no, I don't think you have a defense.

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