maybe animal in the road?
I had a car Accident! What is going to happen to me?
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True...
I must answer this because its me speciality.Originally posted by devildogif you didnt stop in time, then you were following too close. when you drive, you need to stay far enough away from the person infront of you to avoid this situation. the accident was your fault.
First if it was a Freeway, or unincorporated Highway, thats CHP jurisdiction (Me). You said the officers showed, helped with exchange of info & clearing the road, then split. Not uncommon with non-injury collisions, especially at that time of night. Fewer units on the road & plenty of calls to keep us busy. Unless you specifically request a collision report, then they will comply.
Devildog hit the nail on the head: 22350 CVC applies. Unsafe speed for the conditions at hand. if you're doing 1mph and you cant stop or avoid in time, you're too fast, and at fault.
Unless...there are a couple of sections in the vehicle code that may apply and could place the other driver at fault...22109 CVC covers proper signalling when stopping (frequently comes into play in collisions caused by "brake-checking"). 23103 CVC is reckless driving. If he/she hits brakes for no reason- is reckless.
Now, if no report was taken, there is nothing to say you where at fault except the involved parties and any potential witnesses. This is why you always want a report taken, even if you are at fault. My job as the Officer taking the report is to:
1- Ensure the scene is safe/ stable upon arrival or make it so ASAP
2- Ensure proper medical care is given if needed
3- Clear that roadway and get traffic flowin'
4- Provide those additional services as needed- collision reports, etc...
You will want a report because there is nothing to prevent the other party from "super-sizing" his damages, I.E. adding serious injury, additional property damage, or additional parties (passengers) to the mix. We document EVERYTHING (within reason) to ensure all parties and damages are assessed & the cause is determined.
We rarely cite after the fact unless there are mitigating factors that are uncovered during the course of the investigation (DUI, vehicle defects, new evidence, etc...). If no report is taken- case closed. No citation, no point on yur record.
Did I miss anything?
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