Question for our LEO brothers, sisters & wannabe's

[Mastro]

Hypothetically speaking

Is it fair to say that a citation is warranted under the following scenario?

Fact 1 - A collision occurred between two motor vehicles;
Fact 2 - Vehicle B collided with the rear-end of Vehicle A;
Fact 3 - Vehicle B was directly behind Vehicle A prior to the collision;
Fact 4 - Both vehicles were stopped in standing traffic prior to the collision;
Fact 5 - Vehicle B accelerated into Vehicle A from a stationary position;
Fact 5 - Vehicle A remained stationary the entire time (again, sitting in standing traffic).

Citation given to driver of Vehicle B for "Failure to Follow at an Assured Clear Distance".

Bonus Question - would you change your mind if Vehicle A initiated a quick and sudden start-stop?

[hully1029]

Still subject to follow too closely.

BUT.. I rarely issue citations on accidents.. I know, I know, if everyone was paying attention, no accident would've occurred, blah, blah.. you're involved in a wreck, no matter how minor, getting a citation isnt going to help. Just my .02.

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[flywise]

A sudden start stop is no excuse to hit someone in that scenario.

I have been in an accident where we drove a truck half way through a hatchback toyota and the toyota got the ticket.
Witnesses ( several ) told PD the toyota pulled over in front of us and slammed the breaks.

[Charles]

Write everyone involved a ticket so i can meet my quota

[cehorn]

Still subject to follow too closely.

BUT.. I rarely issue citations on accidents.. I know, I know, if everyone was paying attention, no accident would've occurred, blah, blah.. you're involved in a wreck, no matter how minor, getting a citation isnt going to help. Just my .02.

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Wouldn't a citation help prove fault for insurance purposes? Or does your write up state fault without giving a citation?

And to the original poster the vehicle in back is at fault. Barring a lane change or a road rage brake check (even that is probably still the person's fault in back) it should always be the person in back's fault.

[Quackerbox]

Still subject to follow too closely.

BUT.. I rarely issue citations on accidents.. I know, I know, if everyone was paying attention, no accident would've occurred, blah, blah.. you're involved in a wreck, no matter how minor, getting a citation isnt going to help. Just my .02.

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Bingo!!!

After all, even after your report and a ticket it's still a civil matter. If an insurance company wants to fight you they will. Irregardless of citation.

Glad I dont have to mess with all that drama anymore

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[CaptainDave]

As written, I'd say a citation is warranted for vehicle B. As for vehicle A initiating a quick stop and start...well that happens all the time in bumper to bumper traffic (or as written "standing traffic"). I mean, the whole point behind the citation "Failure to follow at assured clear distance" is saying vehicle B was too close to act on the sudden stop. Actually, I would assume vehicle B was close enough to not see the rear tires on vehicle A touching the road; which is sort of a benchmark on vehicle spacing when driving.

That's my 2 cents, which may even be worth less than that.

If the OP was vehicle B, just take on-line DD and call it a day.

[hully1029]

Wouldn't a citation help prove fault for insurance purposes? Or does your write up state fault without giving a citation?



And to the original poster the vehicle in back is at fault. Barring a lane change or a road rage brake check (even that is probably still the person's fault in back) it should always be the person in back's fault.

I complete the my crash report for state records and submission to insurance by involved parties. Let the insurance companies fight it out.. that's what they are paid to do.

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[mww982]

Bingo!!!

After all, even after your report and a ticket it's still a civil matter. If an insurance company wants to fight you they will. Irregardless of citation.

Glad I dont have to mess with all that drama anymore

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I second that. I very rarely write tickets on accidents, unless I witness it firsthand. Other than that it’s pretty much a civil matter.


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[sbushee]

Only tix I write at accidents are For DL issues or no insurance. I don’t work in the traffic division.

[bboswell]

Bingo!!!

After all, even after your report and a ticket it's still a civil matter. If an insurance company wants to fight you they will. Irregardless of citation.

Glad I dont have to mess with all that drama anymore

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Interesting, I always thought the citation proved guilt. Never too old to learn I guess

[Chew]

Nope. Let the insurance companies duke it out. The officer wasn't there to see the incident. Too many people lie these days. Lots of scammers out there that slam on their brakes or back into a car at a light and then claim neck pain and all that. Do the report and send it in. Civil matter.

[rut-ro]

Let the insurance companies duke it out. Only tickets I wrote were no insurance and unrestrained child

[easeup]

not intending to derail the OP.......but was wondering where the new cell phone law enforcement fits in with a deal like this one (thinking man traffic collisions usually involve a phone somehow) thanks and my apology to the OP for butting in.

[Daniel75]

not intending to derail the OP.......but was wondering where the new cell phone law enforcement fits in with a deal like this one (thinking man traffic collisions usually involve a phone somehow) thanks and my apology to the OP for butting in.

Officer would have to see the person on the phone or the person would have to admit it to them. We aren’t sexing a phone and writing a warrant to see cell phone usage over a class C misdemeanor.

Agree with the above, driver B is at fault and I wouldn’t issue a citation.