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Hi Everyone, I was involved in an accident over the weekend and was hoping you might offer some advice on how to proceed further. Here are the details:

- Was in the left turning lane waiting to enter into a shopping centre from a main street.

- While the light was green, I glanced over at the shopping centre trying to see where The Bay was located (this was where I needed to go and I was unfamiliar with the area).

- While I was glancing away, the light must have changed as the cars ahead of me stopped and by the time I looked back, I had already rear-ended the car in front of me. This car then rear-ended the car in front of it.

- Damage to my vehicle is very minor (cracked license plate holder).

- Damage to the middle vehicle involves mainly the rear bumper cover which looks to have come loose but does not appear to be cracked. Not sure what damage may be to the bumper itself behind the cover.

- Damage to the front vehicle looks to be just a minor scratch to the rear bumper cover.

- The police were called to the scene and a police report was filed. All three drivers gave statements and my statement included the above observations.

- I was given a ticket for "following too close" for $110 and 4 points.

- The middle driver was also given a ticket which I assume relates to her license being expired or suspended (the accident report received from the officer indicates an "X" under the condition of her license and "N" for proper license to drive class of vehicle.

- My speed was recorded in the report at 10km/hr and the other two cars at 0km/h (ie. stopped).

- My questions are:

1. Since the other cars are reported as stopped, how can I be ticketed for following too close? How can you follow a stopped car? How could the officer judge that I was following too close when they were not present during the accident?

2. Since the middle driver's license is expired or suspended, would that offer me any opportunity to lessen my offence?

3. Any advice on how to proceed? Should I seek legal advice? I really don't want my insurance premiums to increase dramatically! At this time, no insurance companies have been involved, and no further communication has taken place with the other drivers. I am expecting a call from the middle driver tomorrow to discuss options.

Thanks!

aberg83 wrote:1. Since the other cars are reported as stopped, how can I be ticketed for following too close? How can you follow a stopped car?

Because you didn't leave sufficient space to stop your vehicle safely. You were following from behind and the car in front of you does NOT need to be moving.

aberg83 wrote:How could the officer judge that I was following too close when they were not present during the accident?

Based on statements provided by other drivers/witnesses. The police don't have to actually witness the MVC. Based on your statement, I'm actually surprised you weren't charged with careless.

aberg83 wrote:- The middle driver was also given a ticket which I assume relates to her license being expired or suspended (the accident report received from the officer indicates an "X" under the condition of her license and "N" for proper license to drive class of vehicle.

An X simply means the person is required to wear glasses or contact lenses while driving. If their licence is suspended, it will be noted on the report (there's a box that says Suspended licence - Y/N).

aberg83 wrote:2. Since the middle driver's license is expired or suspended, would that offer me any opportunity to lessen my offence?

No, because it's irrelevant to the MVC. His expired licence wasn't the cause of the accident.

aberg83 wrote:3. Any advice on how to proceed? Should I seek legal advice?

The fact that you struck the vehicle in front of you isn't sufficient proof in itself for follow too close. The other drivers will have to give some type of evidence that they felt you weren't leaving sufficient room between vehicles for the speed/conditions. A legal representative may be able to assist you.

aberg83 wrote:I am expecting a call from the middle driver tomorrow to discuss options.

Be aware that under insurance fault rules, you're 100% responsible for the damage to all 3 involved vehicles, not just the driver in front of you.

You might be able to plead the charge down to "fail to turn left to avoid collision," which is 2 demerit points instead of 4. As the officer did not witness the collision, they will need the witnesses to attend the trial.

Also, everything that Stanton said is correct.