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Old 05-21-2011, 07:59 PM
 
79 posts, read 127,768 times
Reputation: 108

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Yesterday morning I got into a minor accident. I hit the car in front of me due to unexpected brake failure.
We were just going through traffic lights after they went green so my speed was about 10-15mph. There was very little damage done to the car in front, only 1 small dent.
The police were called and I got a citation for 'following to close'.

Can I contest this if I have written proof from a mechanic saying my brakes failed and I have them fixed now?
What are the chances of winning? It's my 1st time in any kind of accident and don't know how the system works in Las Vegas.
Do I wait until I need to go to court or say something before hand?

Any help is appreciated. Thanks.
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Old 05-21-2011, 08:18 PM
 
Location: Kingman AZ
15,370 posts, read 39,139,904 times
Reputation: 9215
nope a rear end is indefensible. you are supposed to KNOW the shape your car is in. An accident is always someones fault and the guy in front is safe....that leaves you.
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Old 05-21-2011, 10:17 PM
 
328 posts, read 603,471 times
Reputation: 380
Try going to Craig P. Kenny. Ask for the traffic ticket branch.
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Old 05-22-2011, 10:22 AM
 
79 posts, read 127,768 times
Reputation: 108
Quote:
Originally Posted by dynimagelv View Post
you are supposed to KNOW the shape your car is in.
Thanks. As I said in my post it was unexpected brake failure. I knew the condition of my car and had no reason to doubt my brakes.
Now I know the updated condition of my car and if it were to happen again then of course it's my fault 100%.

I've tried calling Craig Kenny but no answer. I'll try again tomorrow.

Thanks for the replies. At least I can get an idea of where I am with it.
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Old 05-22-2011, 07:21 PM
 
Location: Kingman AZ
15,370 posts, read 39,139,904 times
Reputation: 9215
Quote:
Originally Posted by dynimagelv View Post
nope a rear end is indefensible. you are supposed to KNOW the shape your car is in. An accident is always someones fault and the guy in front is safe....that leaves you.
2 rules.

Rule #1 the guy in back is always at fault.

Rule #2 if you dont think he is....refer to rule #1
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Old 05-22-2011, 09:34 PM
 
Location: Here and there, you decide.
12,908 posts, read 28,019,656 times
Reputation: 5057
U rearended a car. Doesn't matter. It's your fault period! Fight it and watch the judge hurt you more
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Old 05-23-2011, 12:59 PM
 
1,460 posts, read 2,810,620 times
Reputation: 1105
At most you could get ticket reduced. (maybe you can't I'm no expert.)

Regardless their insurance company is going to sue your insurance company and your insurance company will likely just settle. An at fault accident will go on your insurance and remain there for the next 3 years.
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Old 05-24-2011, 11:33 AM
 
4,862 posts, read 7,970,601 times
Reputation: 5768
Saying brakes failed could make it worse... If you want to go that route it would be in your best interet to consult with an Attorney..
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Old 05-24-2011, 12:17 PM
 
2,076 posts, read 4,077,800 times
Reputation: 2589
Sorry dude!

If they allowed this then every rear end accident would become an "unexpected brake failure".

Getting a signed statement from a mechanic would be easy since there is no licensure for mechanics, so anyone can hang a sign out and call themselves a mechanic.

Bottom line, if it was a brake failure or not, it was an accident and sometimes that type of thing happens. Ask for traffic school to get the violation reduced and hopefully your insurance doesn't go up too much.
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Old 05-24-2011, 12:27 PM
 
Location: Portland, OR / Las Vegas, NV
1,818 posts, read 3,840,135 times
Reputation: 985
I don't think the OP is arguing fault in the accident. It its the ticket he has an issue with. How can a cop say he was following too close when he wasn't there? Were there witnesses?
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