Careless driver? My husband was driving in a right lane in traffic when someone in front of him went to turn right and did not use their turn signal. He rear ended the person and was charged with reckless driving. Do we have any argument here?
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Anonymous
ANSWERS: 5
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You might. However, the ticket can certainly still stick if your husband was tailgating or was inattentive. Just because the other driver violated the law does not mean that all the fault falls with them. Traffic courts vary in their degree of leniency, but generally speaking, it's very difficult to get a charge dismissed. You might be able to get a diversion, though. It's more expensive in the short term, but if successful, it won't go on the driving record and will therefore not cause insurance premiums to go up.
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You can give it a shot of course, but your husband really should have left enough space in between vehicles to take that possibility into account. Especially since so many drivers forget to use turn signals so much of the time. I would also hazard a guess that the driver in the back is usually held most responsible for rear end collisions. This is a classic case of the benefits of being a defensive driver. Never expect the other person to do the right thing.
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Although it was not nice that the driver in front did not put on their signal, it still the major responsibility of the person that is following to keep enough distance so that if something like this unexpected happens one can stop in time to avoid the accident. Also the turn signals might be damaged or the light bulb burn or what if the driver in front had seen something in front of him that had caused him to stir quickly to the right?- It is still important for the driver that follows to allow room for something like this. I wish I could have better help for you.
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The question here is....... Was the driver directly in front of your husband or did he cross a lane, in front of your husbands car, to make a turn? Difficult to give an asnwer, until this question is answered.
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Presumably the driver in front was braking as well triggering their brake lights, so there was some indication that they were slowing down (if not to turn, then maybe to avoid something in the road). That's how the courts might see it.
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