Brake check accident -court?

[Donmega266]

A lady brake checked me and caused me to rear end her car. I have dash cam video showing the first brake check, before crossing an intersection. Following that, we were going 20mph, maybe, and she did it again and then stood on the brakes...almost as if a child was in the road or something but there wasn't!

I was cited for assured cleared distance. The officer saw the video and said I should take it to court. But would it make sense to plead no contest and show the video or not guilty and take it from there? I don't have money for a lawyer.

Here's the YouTube links and yes there are expletives so fair warning:
Part one

Part two

First video I had to watch on a TV to see no one was showing our breaking in front of her. Second one clearly shows there was nothing in front of her.

Sorry if this should be somewhere else. Just registered

 

[turbozapekanka]

I wonder why did she do that, what did she say?
Were you in a truck? Maybe she was not happy with your headlights..
And yes I think you were too close and didn't react on her multiple signals

I'd say you're both at fault, but try taking this to a court. Report the results here! Would be very interested to know the outcome.

 

[IAmATeaf]

Strange as she had obviously stopped well before you got up behind her. To me, it’s clear from the video that you weren’t hounding her but given that she already randomly stomped on the brakes I personally wouldn’t have given her more distance.

Me personally I would contest it, the video make it quite clear that she was driving erratically well before you pulled up behind her.

 

[SawMaster]

I think that at best you might get a reduced penalty. Based on your local laws she might get charged with something- probably not. The bottom line is that you did hit the car in front of you when you could have easily allowed enough distance to prevent that so you're guilty- only the level of fault might be questioned.

From someone who has more experience at it than I want, believe me when I tell you that you can't NOT afford a good lawyer unless you want to get screwed over by everyone else you'll see involved in the whole affair There's a chance you could be able to take legal action against her and others involved to recover actual and punitive damages but only a lawyer can tell you what recourse you have and what your chances are at making the effort worthwhile.

And though it's probably too late to advise this, save the whole card intact for proof that your driving behavior is normally excellent and that you did absolutely nothing to provoke this event prior to it happening. Also create a cloud copy on Google Drive, MegaNZ, or similar immediately. Dealing with the legal system is worse than having hemorrhoids and jock itch with both hands in casts, but not doing what you should is always much much worse

Phil

 

[Peter_R]

An honest opinion! Looking from a 3rd party point of view. It can be seen that the person in front is driving erratically. They might have a problem, but, given that you can see that, in my opinion, you should have hung back and made sure you would/could not collide with her if she braked to a stop quickly. If you were driving in the UK and gave that video to your insurance company, and a claim was made against you, they might well say it was mostly your fault. The UK police do not normally get involved unless someone is injured. Did you stop and exchange details with the other driver, such as your insurance company and your name and address, and any 3rd party witnesses?

 

[Donmega266]

Thanks for the replies! Not sure what statement she made. The officer just told me she was saying something different and at that point I showed him the video. He agreed it looked like brake checking and said his hands were tied and told me to take it to court.

I just started working after 8 months so no funds for a lawyer. May just have to no contest it and provide the video to the court..

 

[SawMaster]

May just have to no contest it and provide the video to the court..

Not sure how Ohio does things- every State is different- but what you might want is known as an Alford plea provided the Judge will agree to look at your mitigating evidence before sentencing. With a plea of "No contest" you're giving up your right to produce mitigating evidence. Both are treated as guilty pleas but Alford is not admitting personal guilt of the crime charged, only admitting that the evidence is such that you cannot win against it and that you believe that going to trial will produce a worse sentence if convicted there. "No Contest" is usually considered a personal admission of guilt.

Usually a Lawyer will ask the prosecution to look at the mitigating evidence and agree to accept a "guilty" or "Alford" on reduced charges (known as a 'plea bargain') in lieu of you entering an "Alford" plea onh the current charges which they will usually accept. With your video showing 'brake checking' there is an excellent change the charges can be lowered perhaps even eliminating an "at fault" decision from the Court so your insurance won't be as badly affected.

This is why you need a lawyer. You're not going to navigate your way through the system without one. You may be eligible for representation through a "Legal aid Society" scheme, you may find a Lawyer who will take payments, you may even find one who will barter services in lieu of payment. Without a Lawyer all you're going to find is yourself getting screwed.

Phil

 

[lacibaci]

You're not going to win this one. Let the insurance take care of it. Even with a lawyer you will most likely pay more that it's worth.

 

[dash riposki]

Yeah, once you are aware they are brake checking or playing games, you back off...MORE. your following distance is something you can control, not what the idiot ahead of you decides to do.

The audio on the videos don't help you. You are angry and aware they are brake checking.

 

[Donmega266]

Thanks for the replies. I agree when I heard the audio that it didn't help anything. To me I was just talking **** to my windshield lol I wasn't actually angry, as right after I talked with her husband for most of the time while we were waiting on the cops and paramedics. But I was going to remove the audio before submitting it to the prosecutor but didn't know if I would get in trouble for that...ya know, tampering with the evidence.

My court date is coming up on the 25th. I know I don't have much of a chance due to Ohio's assured cleared distance law but even the police officer stated I might as well try, due to the video.

I don't think I answered this question someone asked, but on the police report the only thing the lady stated she was hitting her brakes like that.. was for traffic. So she was braking erratically and then stopping for traffic, that you can clearly see in the second video, wasn't there...

But I really appreciate all the responses and information you guys have provided. I'll let you know what comes of it on the 25th.

Wish me luck

 

[KANNINA 2.0]

What SawMaster said: You can't NOT afford a lawyer.

At least pay a flat fee to an attorney who handles traffic issues for a living for a consultation, show him the video, and see what he says. If you hire him to represent you, let HIM show the video to the prosecutor and see what he can work out.

Always, always, always get an attorney.

 

[Nigel]

But I was going to remove the audio before submitting it to the prosecutor but didn't know if I would get in trouble for that...ya know, tampering with the evidence.

I would leave the audio, otherwise it looks like you are hiding something. The only problem with the audio is that it makes it clear that you thought she brake checked you, which raises the question of why you didn't back off. However that question should already be raised, and so it actually provides evidence that even though you knew she was driving erratically, she still managed to catch you out, so obviously she braked excessively hard unless she had a valid reason to do so. I've no idea if that is illegal where you are, here I would expect it to turn into at least a 50-50 split responsibility, possibly better.

Biggest issue for me is that the video shows you following at a distance of about 1 second, which is too close, and for that you are at least partly responsible for the accident. But again, I don't know what your law says about that.

 

[SawMaster]

If evidence is altered in any way it's no longer admissible as evidence and will become worthless in court. Insurers may still consider it.

I talk crap about other drivers, sometimes loudly, but it's to vent my frustration and is a form of anger management. The video will show my driving is safe and legal (or very close to legal) regardless of what I say. The only reason I'm recording audio is that I'm testing cams- the audio will be switched off tomorrow except for one cam (I have many) and I don't plan to use that cam for evidence.

I do hope you get a lawyer because if you don't you will get screwed- trust me on that or learn the hard way as I did. Which is why I got a dashcam; any more screwing and I'll be the one doing it instead of them

Phil

 

[kamkar]

I talk crap about other drivers, sometimes loudly, but it's to vent my frustration and is a form of anger management.

Ditto.

 

[Peter_R]

I talk crap about other drivers, sometimes loudly, but it's to vent my frustration and is a form of anger management.

Phil

Many people do. I have heard my wife doing it on occasions.

 

[Shadow1947]

It looks like what they call in the UK a crash for cash accident that insurance company's and the police have prosecuted so what has your insurance company said.

 

[turbozapekanka]

I'll let you know what comes of it on the 25th.

Wish me luck

how did it go?

 

[WyoDriver]

Maybe the OP got locked up and can't respond.

 

[turbozapekanka]

that would be the only excuse we 'd accept.

 

[SawMaster]

Likely lost the case due to a lack of having a lawyer, and too embarrassed to come back here and admit it. Or there was more to it than we were told.

Phil