QUESTION
What can I do when my daughter rear-ended a car that slammed on the brakes for no reason??? I have a witness
Asked on Jul 30th, 2011 on Automobile Accidents - Pennsylvania
More details to this question:
My daughter was involved in a car accident on July 16 where a car stopped in front of her with out warning, the car that she rear-ended told police she was stopped to make a left hand turn told my insurance she was slowwing down to make a left hand turn in either case there was no place to turn left she passed the turn 50 feet if she would have made a left turn she would have been in a ditch then a field is there anything I can do.
2 ANSWERS
I am sorry to hear about the accident with your daughter. Unfortunately, most states' laws are clear regarding rear end accidents. As a general rule, the person that rear ends the car in front is deemed at fault. There are scenarios when the person in front stops short (sometimes with good reason and sometimes not), but the rule still typically applies. When driving, a driver must be ready for emergencies in front of him or her. A driver is expected to allow enough distance between his/her car and the car in front so he/she can stop safely. For example, in snowy/slippery weather, it is expected that cars may slide on the road. As a result, it is reasonable to expect a driver to allow even more distance between himself and the car in front of him because of the conditions.
As for your daughter, her insurance company will defend her in this action at no cost to her. However, if she is deemed at fault (the likely scenario), then there is a good chance that her insurance premium will increase. If she hasn't done so already, have her contact her insurance company immediately.
Best of luck.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
Answered on Sep 01st, 2011 at 12:46 PM
4 Awards
There is probably nothing that you can do. Your daughter rear-ended a car in front of her. In Pennsylvania you are required to leave sufficient distance in front of you so that if the car in front of you stops suddenly you can still stop. I understand no one does that in urban areas but it is the law. The Sudden Emergency Doctrine would excuse her if someone darted out in front of her or an object fell in front of her and there was no way she could stop despite exercise of all due care.
Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State
Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215)
997-1777steve@fairlielaw.netwww.fairlielaw.net Become a Fan of Fairlie & Lippy, P.C. on Facebook
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Answered on Aug 19th, 2011 at 10:18 PM