What is the law in Colorado about people coming to a dead stop on the highway for deer. From 55 mph to 0.
Question Details: We were pulling a truck and trailer and the lady in from of us came to a complete stop and then just sat there and we could not get our truck stopped in time. We hit her with little damage to her truck and lots to the front right of our truck. She drove away, we were towed. If we had tried to avoid her, we would've been in oncoming or over the side of the road. We were in the mountains. We had to hit, but didn't jackknife, etc. We got the ticket.
I am a Colorado lawyer. I could only answer this if I knew what you are charged with - possibly 'following too closely"? If so, it is true that people are to drive in a way to avoid others in front of them. However, a 'sudden emergency' can make a difference and maybe provide some defense. My guess is the prosecutor in the case will offer a reduced point plea when you go to court and explain what occured. Probably makes sense to plea bargain the case if you can.
As for civil damages - it MIGHT be that a judge or jury would see the other driver's actions as unreasonable and maybe negligent so you could recover for your damages against her insurance carrier - might be worth a try.
I am a lawyer in CT and practice in this area of the law. Drivers are supposed to keep a reasonable distance between then on the highway. The police gave you a ticket because you cold not stop in time. You may fight the ticket in court and argue that the drvier stopped short, which would make it the other person's fault. However, based on the report, the court will likely credit the police officer's testimony at trial. i would refer the damages to your insurance carrier but try to get the ticket dropped to avoid points on your license.
