What constitute “following too closley”regarding a car accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitute “following too closley”regarding a car accident?
A woman in front of me lost control of her vehicle on ice. We were all doing well under the limit. She slid sideways on a gradual decline and hit the snow bank spinning. I gave a reasonable distance as I had enough time to quickly brake, feel skidding sideways as well, and then get off the brake and try to steer between her and the oncoming traffic. Her car came to rest straddling the lane and I caught her bumper all down the side of my car as I went by, barely missing the oncoming traffic. Does following too closely apply as she left the road?
Asked on December 17, 2010 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Following too closely is determined by weather, road, traffic conditions, etc. and commonly appears in police reports of auto accidents as a cause of an accident. The fact that the other driver left the road but was still struck by your vehicle would not alter the finding of following too closely.
A negligence claim is based on exercising due care (that degree of care that a reasonable person (driver in this case) would have exercised under the same or similar circumstances to avoid foreseeable injury)). This will be used to determine "following too closely" despite the precautions that you took to avoid the accident.
CA uses comparative negligence which means that you would NOT be 100% liable for the accident. The other driver was partially at fault. For example, if the other driver is determined to be 80% at fault for the accident and you are determined to be 20% at fault, then you would only be liable for 20% of the other driver's damages while the other driver would be liable for 80% of your damages.
I am just using these figures for example. The actual determination of each party's liability for the accident under comparative negligence will most likely be different than these figures.
If you disagree with the insurance carrier's findings regarding liability for the accident, you can challenge it in court; however, if the police report says that you are liable for the accident due to following too closely, it will be very difficult for you to prevail as the court relies on the police report's determination of the cause of the accident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.