What is the traffic law of following too closely?

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Question:

What is the traffic law of following too closely?

Answer:

Receiving a following too closely violation can be due to multiple reasons, either the officer witnesses the infraction or a traffic accident occurred due to one driver striking the other in the rear. The actual laws will vary depending on the jurisdiction, but it is often difficult to fight a following too closely violation. 

Following too closely, or assured clear distance ahead (ACDA), which it is also called in legal terms, simply means not making sure there was enough stopping distance between the vehicle ahead of yours and your own vehicle. Negligence appears to be found on the vehicle behind the one which was hit, or followed too closely, regardless of the actions of that front vehicle. For instance, if a vehicle stops short in the middle of a highway for no reason, the vehicle behind it must have enough distance to assure they will not hit that vehicle. It does not matter that the vehicle has stopped for no reason, nor that it stopped intentionally. The rear vehicle always has a great duty to stop prior to striking when following another. 

Presenting evidence regarding new brakes or rotors will not be cause for a dismissal. In fact, this will only aid to the prosecutor's defense that should you have been following at an appropriate distance, you would not have struck the other vehicle. If you have received a following too closely violation and sincerely feel you should contest it, you should contact a qualified attorney to determine the best defense possible. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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