Legal Question in Personal Injury in Ohio

My son was hit from behind after he braked because someone cut him off. The person who hit him told the police officer that he was "brake checking" them. The third care in line hit the car that hit my son. It was a service vehicle. The third cars driver said that he saw the whole thing. Why would he say it was any different? If he didnt agree with the second car, he could get in trouble with his employer. The second cars driver got out and started swearing and banging on my sons car. My son is the one who called the police. Should my son have gotten the ticket?


Asked on 1/16/11, 10:18 am

1 Answer from Attorneys
Andrew Myers Law Offices of Andrew D. Myers

The person who struck the rear of your son's car violated at least two rules of the road by driving into the car. First, he failed to operate the car in control at all times by driving into the back of the car. Second, that driver failed to maintain a safe following distance as evidenced by the fact that he drove into the car. We are all duty bound by the rules of the road to observe these rules due to the fact that the unanticipated can happen, such as being cut off or having a child or animal run in front of a car. So, the "stopped short" defense is not effective 99% of the time.

However, bear in mind one important factor, and that is that neither one of us was there to actually observe this collision. So, neither one of us knows what actually happened.

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Answered on 2/26/11, 4:33 am


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