Accidents-Speed too Fast for Conditions/Following too Closely

One of the most common traffic infractions issued when there is an accident is Speed too Fast for Conditions.   Speed too Fast for Conditions is very confusing because it doesn’t require proof of speeding.  Speed too Fast for Conditions statute reads:

“No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.”  Basically, a driver must control their speed, so it is reasonable based on the conditions and to avoid a collision.

Following too Closely is also frequently cited following an accident.  Following too Closely is basically a tail gating statute.  Drivers must follow other vehicles at a reasonable and prudent distance considering the speed of vehicles and the conditions of the roadway.  Officer often falsely assumes that if there is a rear end accident then the rear vehicle must have been following too closely.

If you were in an accident and received a Speed too Fast for Conditions or Following Too Closely ticket, you should fight that ticket.  The officer issuing the ticket did not witness the driving and came to the scene after the accident happened.  Without seeing the driving, the officer usually will issue the wrong citation.  An accident does not mean that the person was following too closely, or their speed was unreasonable.  That’s important because the ticket is not for being in an accident.  Being in an accident does not mean you committed the violation.  The officer must prove more than simply being an accident.  In most cases, the officer can’t prove more, and an experience traffic ticket attorney can help get your ticket dismissed.  If you receive an accident ticket, don’t simply pay.  Give me a call and I can help you fight the ticket.