Legal Question in Traffic Law in Georgia

Following Too Close - Yellow Light

I was involved in a minor finder bender and was charged with �Following Too Close�, GA Code 40-6-49. I was the one who rear-ended the car in front of me. The problem is I was following what I perceived to be a safe distance away when the upcoming traffic light turned yellow. The car in front of me slammed on her brakes, right when the light just had turned yellow, and skidded to a stop with her nose just in the intersection. The light was still yellow after she stopped. I slammed on my brakes and rear-ended her at about between 5 � 10 miles an hour. Are there any provisions in the GA law for suddenly stopping at a yellow light, after it has just changed to yellow, or proceeding through if suddenly stopping creates an unsafe condition? She could have easily made it through the yellow light before it turned red. I probably could have also made it through the yellow light I feel she created an unsafe condition by slamming on her brakes right when the light turned yellow. I could have been rear-ended as well if there was additional traffic behind me. She also got out of her car and said how sorry she was for suddenly stopping at a yellow and causing the accident.


Asked on 11/07/05, 4:33 pm

1 Answer from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: Following Too Close - Yellow Light

"Following too close" is a subjective charge. The fact that you had an accident gives rise to the presumption that you were following too closely to avoide the accident. That is the basis for the charges. Your defense is that the other driver stopped suddenly. However, by your own admission she was stopping for a traffic control device. The fact that it was yellow will not help your case as yellow mean slow down and prepare to stop. If your insurance company has paid the damages then the judge may treat it as a civil matter. He may choose to do that regardless. Understand that the criminal and civil defense are not all interchangable. I think that is where you confusion is from.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 11/07/05, 6:23 pm


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