In 2013, close to 100 vehicles crashed along an interstate near the Virginia-North Carolina border. As a result of the accident, 3 people were killed and 25 were injured. Authorities are placing the blame for the accident on dense fog.
N.J. Stat. §39:4-89 states in relevant part that “[t]he driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.” “It is elementary that a following car in the same lane of traffic is obligated to maintain a reasonably safe distance behind the car ahead, having due regard to the speed of the preceding vehicle and the traffic upon and condition of the highway.” Dolson v. Anastasia, 55 N.J. 2 (1969) (citing Stackenwalt v. Washburn, 42 N.J. 15, 30 (1964)). Failure to do so resulting in a collision, is negligence and a jury should be so instructed. Id.
Chapter 5, (titled “Defensive Driving”) of the 2007 Driver’s Instruction Manual issued by the New Jersey Division of Motor Vehicles, explains that “[a]lthough there is no perfect rule for following distance, the rule of thumb most often used is to keep one car length back (about 20 feet) for each 10 miles per hour of speed.” Id. at 85. Moreover, when traveling at “high speeds or in bad weather” the distance should be increased. Id.
Furthermore, New Jersey courts have held that “[n]o man is entitled to operate an automobile through a public street blindfolded. The exercise of reasonable care requires that a driver take action immediately to restore his vision, and if that requires that he slow down or come to a stop, that he do so instead of proceeding onward as if nothing untoward had happened.” Levine v. Scaglione, 95 N.J. Super. 338 (App.Div. 1967).
Based on the foregoing law, even if someone’s vision is impaired by fog or sun, they are under a duty to either slow down or pull over in a safe area instead of proceeding forward as if “blindfolded.”
Here at Ginarte Gonzalez Winograd L.L.P., we provide high-caliber representation to New York / New Jersey personal injury victims and their families harmed in car accidents. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.