Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

I had a car accident when someone intentially smashed on the brakes?
Find answers to your legal question.

I had a car accident when someone intentially smashed on the brakes?

I had a car accident when someone intially smashed on the brakes?
is there any law that protects me, I switch from the right lane to the left and as soon as I entered the lane the lady smashed on brakes for no listed reason. She slammed on the brakes so hard she left skid marks in the street. Then out the blue comes her boyfriend saying he was trailing her and seen it all. I was set up! Someone help me, suggestions please... and to prove my innocence according to the officers investigation he didnt even give me a ticket. He recognized that I had possibly been set up too, but its not up to the officer to determine who is wrong or right he said we would have to leave that for the judge
advice please

I recieve the police report and its written exactly as if she stop with intent of causing an accident. Its written driver 2 slams on her brakes and driver 1 was unable to avoid the collision. The officer ask why did she stop sudddenly and she had no reason.

I did not recieve a ticket.
Additional Details
i did not recieve a ticket at all for following too close in which is the only citation that could have been given. and the impact was not drastic which shows that I was not speeding


Jim Bob
You're at fault for following too close & you were unable to stop within a safe & asured distance. It's your fault.

♥ Im just saying..
thats why they have the 6 second rule.. Never follow to close to people.

ɹǝɥdoʇsıɹɥC ʇıqqɐR
Do you live in Florida and drive a nice car? That crap happens all the time here. They do it so they can try to sue you for damages afterward. It's definitely a set-up, and I'm wondering if there's any way you can have the cop testify for you. Were there any other witnesses? If so, try to get them to testify too. That's the only thing you can do. Trust me, I've heard of this scam and these people who are saying you are at fault are the same people who think the emails they get telling them they've won the Nigerian lottery are real.

Mrs Jack
Unfortunately no, this happened to me in 1994 with a brand new car, a guy in front of me slammed on his brakes with such force that my car went under his rear end and crushed the hood of my Mazda MX3, the police measured 15 feet of skids, and 2 witnesses that saw the whole thing, no damage to his car. I was found 50% at fault and appealed the decision to the RMV and still lost. I had to pay a sur-charge in my state for 7 yrs. So even with pics and a police report I got screwed.
You are always suppose to be in control of your car and keep at least 3 car lengths in between.
Good Luck

The person following is usually cited as the one at fault, because you are always supposed to give enough space in between cars just in case someone slams on the brakes. You can't see what's in front of her car while you are driving in back of her. So you have no idea. That's why you are supposed to maintain a safe distance.

Tickets are also given to people who tailgate other people. The only reason that would not put you at fault would have taken place if the lady had put her car in reverse and hit you.

Leave it up to the judge. If the police report is written as you say it is, then you SHOULD have little to worry about. The Judge would take quite a bit of stock in the accident report. If you have witnesses, take them with you to the hearing. All you can do is your best.

Tip, always have a camera cellphone or a disposable camera in your car just in case of incidences like this. If you are in an accident and you are able to do so, take photos of the scene, including skid marks, etc., before the cars can be moved. It will help in court if that becomes needed.

if she stopped, and had no good reason. then it is all her fault. with the help of that police report and the officer I am sure you can win any case. good luck

Philip McCrevice
Unless you get a Judge who buys your story, it's your fault.

Following too closely. You should have had enough room in front of you to stop in time, no matter what.

It sounds like the officer was on your side, which is all ways good!!! So now it is up to the judge, and based on the evidence, you are innocent!! lets hope the judge see's it that way!!! Well, good luck at court!!!!!!!!!!!!!!

Just me
I think your best proof will be the officers report and the fact you did not recieve a ticket. I would ask your insurance company if they have any advice since they are seeing this happen more and more.

I'm sorry this happened to you and I hope you win!

If you have auto liability insurance, turn in the claim to your insurance company. The claims department will run a check on the woman and her boy friend to see if they have been in similar accidents.

Talk to your insurance company about this. They would love to avoid paying off this person, and they have the resources to prevent this.

You're supposed to have control of your vehicle at all times. You were following too closely or going too fast if you hit her. It may have been a set up but the courts don't see it that way. If a child had run into the street and she had done the same thing you would still be the one at fault.


 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

Copyright (c) 2009-2013 Wiki Law 3k Saturday, February 13, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links