If I was on the interstate and rear-ended a parked car that had no brake or hazard lights on, is there anything that I can do to fight the citation?

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If I was on the interstate and rear-ended a parked car that had no brake or hazard lights on, is there anything that I can do to fight the citation?

When I realized that his car was not moving I was able to slow my car from 70 to less than 5 mph but we still collided. No one was injured and no airbags were deployed. It was a rental car and I was given a citation.

Asked on October 9, 2015 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is unlikely that you will prevail in fighting the citation because you are liable for a rear-end collision with a parked car.
If your state has comparative negligence which means that a percentage of liability is determined for each party in the accident, there is a remote possibility that you might not be 100% liable since the car you hit was parked on the freeway without hazard lights or other lights.  You would still be primarily liable, but the other driver and rental car company registered owner would have a lesser percentage of liability than you.  This is only if your state follows the doctrine of comparative negligence.


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