Following Too Closely

In almost every instance, a following too closely ticket is issued when there has been an accident with a rear-impact collision, but that doesn’t mean they’re always warranted.

Georgia Law for Following Too Closely

O.C.G.A. §40-6-49 states that “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

If you receive a citation for following too closely, it may feel unfair, especially if you believe you were driving safely and had no intention of causing an accident. However, it’s essential to understand that the law is in place to protect all drivers on the road and prevent accidents from occurring.

This type of ticket is often issued after a rear-end collision. This makes sense when there are only two cars involved, and the driver at the back is at fault. However, when it comes to accidents involving three or more vehicles, this ticket can be overused.

In many three-car collisions, the first vehicle is forced to stop suddenly, and the second vehicle would have been able to stop in time if not for being pushed forward by the third car at the back. In such cases, the driver of the second car may feel frustrated as there was little they could have done to avoid the collision.

Police officers responding to such accidents often do not have the advanced training required for accident reconstruction. While there is an advanced course for traffic investigators, most patrol officers have not undergone this training. Therefore, little is done to determine who was at fault or how the accident occurred, especially if there are no serious injuries or suspicion of drugs/alcohol impairment.

The investigation process for run-of-the-mill, injury-free traffic accidents is often perfunctory and abbreviated. This is because such accidents are not prioritized in the same way as more serious accidents, which makes sense from an efficiency perspective.

However, if you receive an undeserved traffic ticket, it can be frustrating, especially if the officer’s lack of attention to detail is the reason. In such cases, it may be worth consulting a traffic attorney to explore your options.

Many drivers who choose to go to court without an attorney often plead nolo, or no contest. This is because they assume that the negative consequences of a traffic conviction are related to the accumulation of points. However, the conviction will appear on your driving history, which can affect your insurance rates and job prospects.

Increasingly, employers are relying on driving histories to evaluate job candidates, making it essential to maintain a clean driving record. Therefore, it is important to speak to a traffic attorney to explore possible defenses and strategies for presenting relevant information to the prosecutor. They can also advise you on general practices in your court and help you avoid potential pitfalls.

It’s also important to note that officers can sometimes misinterpret the situation and charge a driver with the wrong code section. Therefore, before panicking about your citation, it’s crucial to evaluate the charges and ensure that the officer charged you correctly.

If you feel that the citation was issued unfairly, you should consider reaching out to an attorney specializing in following too closely citations. An attorney can evaluate your case and help you understand the potential consequences and penalties. EHG Law Firm is here to help with a free consultation to discuss your situation and provide you with legal guidance.

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When there are only two cars involved, and the rear driver is at fault, a following too closely citation makes sense. But what about when an accident involves three or more vehicles? Many three-car collisions occur when the first vehicle is forced to stop short, and the second vehicle is pushed forward by the third car in the rear, even though they may have been able to stop in time. If no one was injured and/or there is no suspicion of drugs or alcohol impairment, unfortunately very little is done to definitively establish how the accident occurred or who was at fault, and both the second and third (or subsequent) vehicles end up getting ticketed. The fact is that most responding officers do not have sophisticated accident re-constructionist training. Although there is a very advanced course that traffic investigators can enroll in, it is a relatively significant academic endeavor that most patrol officers have not yet attempted.

Keep in mind that most courts will provide a copy of the accident to you for free. Additionally, your insurance company will send you a copy of it if you request it, for free as well.

However, not everyone wants to wait. So for those who are in a rush, it is good to know about alternatives online.

You may be able to purchase your accident report online directly from buycrash.com.

To order a traffic accident report in Georgia, you can follow these steps:

  1. Visit Buycrash.com
  2. Click on the “Order a Crash Report” button.
  3. Enter the required information, including the date of the accident, the county where the accident occurred, and the names of the individuals involved.
  4. Select the type of report you want to order (e.g. certified, uncertified).
  5. Enter your payment information.
  6. Review your order and click “Submit” to place your order.

It is not uncommon for insurance companies to do an investigation after an accident. Especially when other drivers claim injuries after reporting none at the scene.

If you are insured, you may want to inquire as to what your policy limits are.

In Georgia, the minimum car insurance policy limits are:

  • $25,000 for bodily injury liability per person
  • $50,000 for bodily injury liability per accident
  • $25,000 for property damage liability per accident

These policy limits are the minimum amount of coverage required by Georgia state law. It is important to note that these policy limits may not be sufficient to cover the full extent of damages or injuries in the event of a car accident, especially if the accident is severe. It is recommended to purchase a car insurance policy with higher policy limits to protect yourself financially in the event of a car accident.

There are two types of uninsured motorist coverage that you can purchase in Georgia:

  • Uninsured motorist bodily injury coverage: This type of coverage can help pay for medical expenses and lost wages if you are injured in an accident with an uninsured driver.
  • Uninsured motorist property damage coverage: This type of coverage can help pay for damages to your vehicle if it is damaged in an accident with an uninsured driver.

It is important to note that uninsured motorist coverage only applies if you are hit by an uninsured driver. If you are at fault in an accident, uninsured motorist coverage will not apply.

Uninsured motorist coverage is a type of car insurance that can protect you if you are involved in a car accident with a driver who does not have car insurance or does not have enough insurance to cover the damages or injuries that were caused in the accident. In Georgia, uninsured motorist coverage is not required by law, but it can be a good idea to have this type of coverage as a safeguard against being involved in an accident with an uninsured or underinsured driver.

 

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Defense Attorney Erin H. Gerstenzang

Criminal defense for Following Too Closely

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