What’s my recourse with a bogus following too close with accident ticket? Can this be fought and won? How much would this cost?
May 22, 2105 I was sitting in the left turn lane at a very busy intersection in Buckhead, second from the rear of a long line of cars, blocked in, waiting for the light to turn green. The truck in front of me “rolled” or backed into me. The driver was on the phone and did not immediately exit her truck. I had to ask her to get out to review the damage. Her first comment to me was “Why do people keep hitting my baby (referring to her older Chevy truck).” To which I replied that she rolled back into me (2004 Infinity). She was quite quick with a retort that she couldn’t have rolled back in Drive, so I must have hit her. I am positive I did not roll forward, my foot never left the brake pedal. I’m over 50, have a boringly clean driving record. There was no damage to either vehicle, according to the officer taking the report. I concur with that statement. I was cited for rear ending after following too closely.
Traffic Lawyer Richard Simon’s Answer
The first part is to contact your insurance attorneys and tell them what happened. You have already paid for them with your premium payments. The second part is the traffic ticket which you will need a lawyer for the traffic ticket side. How much could this cost? A lot. The first question would be whether you are a safe distance behind the car at an intersection. In my cursory search of Georgia codes and own look at my Missouri Statutes, it appears no one has defined this. The second question is how do you prove that it was the car in front of you backing up instead of your car moving forward. You could hire specialists, analysts, experts, and scientists, but that costs a fortune, and who knows if you will win? To try this case properly would be expensive. You will need to weigh the cost benefit analysis of a full case.
