Car accident. (re-ending)

[Ace-o-fire]

Car Accident.
TL;DR I was involved in a rear end collision. I was the person in the car that struck the other car. What do i do to help-myself out in court?

The Scenario:

- Driving on a heavily back up road with light about 60-50 yards in front.
- Pulled up and stopped at the car in front of me, and waited for the light.
- Light turned green and every accelerated. The driver ahead of me slammed on the breaks as did I and I slammed in to the back of her car.
- Get out of my car and check on her, she was on her phone and tried to quickly hide it from me. She spoke no English and was yelling at me in Spanish *I was none threatening since I was in my scrubs and my first instinct is to make sure people are okay*
- I pull my car to the curb as does she and I dial 9-1-1 and clean up material on the ground as I do get out my information. She is talking in her phone at this time.
- When she can see the cop’s lights and hear the sirens, she immediately gets back in her car and buckles up.
- After about 6 or 7 cops whom try to speak Spanish show up its determined that her neck “hurts” and she will be taken to the hospital.
- I am issued a careless driving ticket with injury attached.

The Damage to the Cars:

Mine: Both airbags blew, windshield, bumper, headlights cracked, condenser is pushed in to radiator.
Hers: Light paint scratched on her bumper. No other damage was visible

The Court Date:

My court date was today and I was ready to pay off the ticket and get this over with. I was informed by the judge that I need to come back for a seconded time (June 3rd) when the person I hit is also present.

He also said I can face a 250 dollar fine, loss of license for 60 days and 15 days in jail. (I’m most concerned about the jail time as anyone is)

Background info:

I’m 24 years old no previous infractions with the law, no speeding tickets, no public drunkenness, nothing at all. This situation is very confusing to me since no one I know has been in a situation as such. I live in New Jersey This accident occurred at 12:30 on my way to work.

Questions:

Should I obtain a police report?
Should I contact a lawyer?
Should I try to meet with the officer before my next court date (June 3rd)
Should I try to meet with the prosecution before hand?

Any other information you can offer would be greatly helpful.

[Chun Liroy]

Didn't you hydroplane into a cemetery?

[Warudo Ecksu]

Get a lawyer

[Tyche]

Call your insurance company and detail everything. They may suggest an attorney.

[guartz]

You have to find this person and kill her.

[ZarakiKujata]

Should've lawyered up as soon as it became clear you might have jail time..

[Ace-o-fire]

Call your insurance company and detail everything. They may suggest an attorney.

I did already, before the court date for car repairs, should i call them again and tell them what the judge said?

[Rhinox]

Might want to lawyer up.


No matter what the excuse rear ending someone is practically unexcused in the eyes of the law. You suppose to keep enough distance to make a complete stop at all times. Even if its not practical and many people don't do it when it comes to the courts eyes its pretty black and white.


As for the cellphone things unless you can get a lawyer to subpoena her phone records its your word against hers. Even if you can prove she was on the phone its not really relevant to the case you still rear-ended her. Worst case scenario for her is that she would be ticketed for talking the phone depending on your state.

Like I said I'd talk to a lawyer and see if he can do anything with this case and go from there.

Should I obtain a police report?

You should have a copy anyway.

Should I contact a lawyer?

Yes.

Should I try to meet with the officer before my next court date (June 3rd)

No. more then likely he will deny your request as they are instructed to do at least in Illinois they are.

Should I try to meet with the prosecution before hand?

As in the women you plowed into? Definitely not. last thing you want is being accused of Intimidation. Don't put yourself in that position.

[Tyche]

What did they say the first time? The insurance company has a stake in this, as they could be sued. Typically, insurance companies know which attorney's are familiar with defending this type of litigation in your area. If they provide no guidance, ask around and get a good lawyer, because it's obvious the lady is looking to take you the whole nine yards. Getting advice from your insurance company and an attorney needs to be your priority.

As an aside, you won't serve any jail time, so don't fret over that.

[Tyche]

Should I try to meet with the prosecution before hand?

As in the women you plowed into? Definitely not. last thing you want is being accused of Intimidation. Don't put yourself in that position.

He's referring to the prosecuting attorney, and no, you shouldn't. If this was a speeding ticket, it would be OK. This could get potentially nasty, so let someone who has experience handle that.

[Ace-o-fire]

Should I try to meet with the prosecution before hand?

As in the women you plowed into? Definitely not. last thing you want is being accused of Intimidation. Don't put yourself in that position.

Let me make this a bit clear. The person i hit isn't prosecuting me, it the township i was passing threw is. So it's more or less meeting with the townships prosecution to try and reach a plea baring.

[Pikarya]

Didn't you hydroplane into a cemetery?

lol'd hard.

[Ace-o-fire]

What did they say the first time? The insurance company has a stake in this, as they could be sued. Typically, insurance companies know which attorney's are familiar with defending this type of litigation in your area. If they provide no guidance, ask around and get a good lawyer, because it's obvious the lady is looking to take you the whole nine yards. Getting advice from your insurance company and an attorney needs to be your priority.

As an aside, you won't serve any jail time, so don't fret over that.

They where most concerned with the car repairs and the story behind it. The insurance company is covering all but 200 dollars of my repairs they didn't see as necessary. but this again was before the court date.

The lady whom i spoke to was nothing more then a "Yes, Ok, Then what?" machine when i was talking.

I have Allstate is that is any help.

[Tyche]

Let me make this a bit clear. The person i hit isn't prosecuting me, it the township i was passing threw is. So it's more or less meeting with the townships prosecution to try and reach a plea baring.

This just got confusing...what the hell are you being charged with? They've already cited you for wreckless driving. If it's a traffic offense, why are they asking the person you hit to come to court?

[Ace-o-fire]

This just got confusing...what the hell are you being charged with? They've already cited you for wreckless driving. If it's a traffic offense, why are they asking the person you hit to come to court?

It's because she was "injured" so she needs to be present.

That is all the information i was given by the judge.

[Rhinox]

In that case Let the Attorney handle that. last thing you want is to agree to plea guilty as part of your plea bargain and open yourself to civil suits from the bitch.

The attorney will most likely instruct you enter a Nolo contendere(no contest plea) as part of a deal with the township. If this is your first offense you shoudn't get more then a slap on the wrist which is usually a fine plus court fees depending on state.

Your premiums are fucked now though since you have that careless driving ticket on your record..


If you want you can go without a lawyer just don't plead Guilty because the bitch can then sue you if you do..

No contest means you don't admit guilt but can't defend the charge.

[Cadsuane]

Yeah, I don't get this either. Insurance wise you're clearly at fault but I really don't see why you're being prosecuted.

[Tyche]

Ah, I see. I would probably still seek a lawyer, but you don't have too much to worry about. No priors and the police report should reflect a minor fender bender. Probably a fine at most with probation. They aren't going to throw the book at a first offender who had a lapse in judgment. Unless the judge is a complete dick. Always safe to lawyer up though, but as I said, I wouldn't lose any sleep over this. I'd be most concerned about the lady suing your insurance company for bullshit injuries.

[Ace-o-fire]

Yeah, I don't get this either. Insurance wise you're clearly at fault but I really don't see why you're being prosecuted.

neither do i. I'm thinking it's because i had not met with anyone at the court room before, and it was a as the judge said "First appearance"

[Tyche]

The officer on the scene issued you a ticket, hence you being in court. Same as any traffic violation.