Re: Rear Ended Another Driver, Cited for Following Too Closely, What Next
the fact you hit her proves you were following too closely. As the cop said, unless you have overwhelming evidence to support a claim it was her fault, it will be seen as your fault.
but I feel like I had a sufficient buffer and was driving at barely 20mph, so is it really following too closely?
and just so you know; unless she cut you off and slammed on her brakes, it is your fault. That is the type of thing the cop was referring to.
yes, that is hearsay but even if it wasn't, it wouldn't prove she was at fault. It simply proves she drives in places where people tend to not pay close enough attention to the car in front of them and end up hitting it.
The only reason I ask is while we were waiting for the cops, the girl was yelling into her phone that this was the third time she got rear ended... now, this is heresay and therefore probably inadmissable,
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.