The most common auto accident that we see at The Ciulla Law Firm, PLLC in Phoenix, Arizona is the rear-end car crash. This is confirmed by the national statistics; according to a NHTSA Study, "Rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29 percent of all crashes and resulting in a substantial number of injuries and fatalities each year." Furthermore, "[r]ear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for the majority of these crashes."
In the majority of these cases, the car that is following is in violation of two separate Arizona statutes that prohibit speeding and following too closely.
Arizona Revised Statutes Section 28-701
28-701. Reasonable and prudent speed; prima facie evidence; exceptions
A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.
B. Except as provided in subsections C and D of this section or except if a special hazard requires a lesser speed, any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:
1. Fifteen miles per hour approaching a school crossing.
2. Twenty-five miles per hour in a business or residential district.
3. Sixty-five miles per hour in other locations.
C. The speed limits prescribed in this section may be altered as authorized in sections 28-702 and 28-703.
D. The maximum speed provided in this section is reduced to the speed that is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing, including the following conditions:
1. Approaching and crossing an intersection or railroad crossing.
2. Approaching and going around a curve.
3. Approaching a hillcrest.
4. Traveling on a narrow or winding roadway.
5. A special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
E. A person shall not drive a motor vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions unless the speed that is reasonable and prudent exceeds the maximum safe operating speed of the lawfully operated implement of husbandry.
Arizona Revised Statutes Section 28-730. Following too closely
A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard for the speed of the vehicles on, the traffic on and the condition of the highway.
B. The driver of a motor truck or motor vehicle that is drawing another vehicle when traveling on a roadway outside of a business or residence district and that is following another motor truck or motor vehicle drawing another vehicle shall leave, if conditions permit, sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This subsection does not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicles.
C. A person who is driving a motor vehicle in a caravan or motorcade on a roadway outside of a business or residence district, whether or not towing other vehicles, shall allow sufficient space between each vehicle or combination of vehicles to enable any other vehicle to enter and occupy the space without danger. This subsection does not apply to funeral processions.
Jay Ciulla is a Phoenix, Arizona lawyer who helps people with car crash, personal injury and wrongful death cases. Call for a free consultation (602) 495-0053.
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