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  1. #11
    Join Date
    Dec 2015
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    15

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Wouldn't the paperwork showing I had just done a complete brake job show that I was maintaining it? The officer also has some mistakes on the ticket too (wrong model vehicle and wrong location)

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    It can help but given the claim they locked up it may not exonerate you.

    I dont knkw know what year truck you have but most trucks newer than somewhere well before 2000 have read anti lock brakes because exactly what happened to you has happened to a lot of people. You may want to check to see if your truck has (at least rear) anti lock brakes and if so make sure they function properly.

  3. #13
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Quote Quoting TimboSlice58
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    Seeing as my brakes locked up and wouldn't release i'm having my truck looked at by another mechanic. I had just had my brakes worked on and completly redone on 12/22/15. If it was mechanical faliure then the fault is not mine.
    Could be.

    Quote Quoting TimboSlice58
    View Post
    Wouldn't the paperwork showing I had just done a complete brake job show that I was maintaining it?
    Yes, it would show that you were maintaining it but that's all it would show.

    It wouldn't explain the brake failure that you say caused the accident.

    You would need the testimony, in court, of an ASE certified automotive engineer who is qualified and recognized by the court as an expert witness.

    Quote Quoting TimboSlice58
    View Post
    The officer also has some mistakes on the ticket too (wrong model vehicle and wrong location)
    Irrelevant. Errors like that are easily corrected in court and doesn't change the cause or the result of the accident.

  4. #14
    Join Date
    Dec 2015
    Posts
    15

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    My truck is an '87 Toyota Pickup so I didn't have anti-lock brakes.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Quote Quoting TimboSlice58
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    My truck is an '87 Toyota Pickup so I didn't have anti-lock brakes.
    Actually at least some did in 1987. Finding the info is tough but there are parts available for a 1987 toy pickup abs system so at least some had it.

  6. #16
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Crashing or striking another vehicle is prima fascie evidence of commission of the infraction.

  7. #17
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Quote Quoting TimboSlice58
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    My truck is an '87 Toyota Pickup so I didn't have anti-lock brakes.
    Doesn't matter.

    You own the ticket and the fault unless you can prove that the brakes failed due to negligent repair. That ASE certified automotive engineer who is qualified and recognized by the court as an expert witness will cost you a couple of thousand dollars for his examination of the brakes and his testimony in court.

  8. #18
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    Quote Quoting TimboSlice58
    View Post
    Seeing as my brakes locked up and wouldn't release i'm having my truck looked at by another mechanic. I had just had my brakes worked on and completly redone on 12/22/15. If it was mechanical faliure then the fault is not mine.
    Did you tell the officer who investigated the accident that your brakes locked up? Your vehicle was totaled and has not been driven since the accident?
    Quote Quoting adjusterjack
    View Post
    You own the ticket and the fault unless you can prove that the brakes failed due to negligent repair.
    If the brakes were fully inspected and repaired, days before the accident, and there's competent evidence that the brakes locked up before the driver lost control of the vehicle, then a prosecutor may be sympathetic to the argument that a brake failure contributed to the accident. However, even if the prosecutor accepts the argument that there was proper maintenance of the vehicle but that the driver nonetheless had an unexpected mechanical failure, it's possible that the prosecutor will take the position that if you're behind a 40 MPH vehicle and have to slam on your brakes to avoid rear-ending it, the ticket was appropriate.

  9. #19
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    There have been suits against manufacturers of pick up trucks for defective engineering due to the rear brakes locking up unexpectedly and in situations where one would not typically expect them to. Given the design of a pick up, if there is no load in the bed, the rear is quite light and as such, results in a greatly reduced amount of traction on the rear wheels. Add in the raising of the rear end of the vehicle as one stops and the traction is further reduced. The result of a large and well published suit many rears ago, most, if not all pick up trucks were produced with anti lock brakes or a system, while not ABS as we know it today but a pressure reducing system activated based on the ride height of the rear of the truck.

    Any person driving a pick up truck can attest to the poor traction of the rear wheels when the bed is not loaded. It doesn't even require aggressive driving to experience the issues caused and exacerbated by wet roads. Some trucks are nearly undrivable in snow due to the problem without taking steps to account for the poor traction.

    It does not take slamming on the brakes at 40 mph to experience rear wheel lock up if the road conditions are such that it would be reduced compared to dry roads.


    An inexperienced driver is much more likely to have issues such as the OP has had, if there is no ABS. If the OP does not have ABS, and the brakes are working properly, it is likely driver error due to inexperience will likely be a major contributor to the accident. If a court would allow any leeway for such a reason I cannot say but I would think it would be due more to a sympathetic judge than any argument it was some failure on the brake system.

    Of course things like worn tires especially or other worn suspension parts can add to the issue.

  10. #20
    Join Date
    Dec 2015
    Posts
    15

    Default Re: Ticketed for Following Too Closely Without Hitting Another Vehicle

    My trucks cab has been completely flattened and has not been driving or started since. I tried to talk to the officer and I told him my brakes locked up but he had a very bad attitude and didn't listen to me for any longer than it took to get my license info.

    When I hit my brakes I was still a fair distance away from the vehicle and was still nowhere near hitting him.

    My truck was lifted with large tires since it was my off road truck so that obviously didn't help.
    My tires still had 90 percent tread and the whole truck was redone a year ago (new engine, suspension, etc.
    )

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