Legal Question in Traffic Law in Virginia

Urgent Court Thu. Feb. 28
I recently received a ticket for following too closely after hitting someone from behind and totaling my car. I had followed a big truck down the road that turned off right in front of me and was not able to see around it. When the truck turned I reaccelerated and suddenly a truck came to an abrupt stop in front of me with no turn signal. The guy was turning left but had stopped to let a car from the right side enter the road before he turned into his driveway. There was nothing coming to prevent him from turning into his driveway but he stopped to let this other car enter from the right. It was right at dusk and he had no headlights on and no turn signal, I didn't see him until he abruptly stopped and his brake lights came on. I slammed on the brakes and my car went under his truck, totaling my car. There was no damage to his truck. I was not speeding nor was I following too close, he caused the accident by coming to an abrupt stop.Had he turned into his driveway instead of stopping to let the other vehicle out the accident would not have happened, even if he had had his turn signal on. He abruptly stops, no lights no turn signal and I slam him from behind totaling my car because of his negligence. What can I do to beat this?

Asked on 2/26/08, 7:56 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Urgent Court Thu. Feb. 28

Put on the defense you've outlined here before the traffic court judge

designated to hear your case whenever the day arrives for your scheduled court date.

If the ticket is dismissed, you may even have a viable basis to later pursue this allegedly abrupt braker for damages in civil court.

Answered on 2/26/08, 10:12 am

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