Fighting ACDA Violations in the State of Ohio

car accident

In Ohio, drivers must follow ACDA law or Assured Clear Distance Ahead. In simple terms, this means you must maintain enough distance and speed so that you can safely come to a sudden stop without colliding into the driver in front of you. Adverse conditions including weather, visibility, lighting, and road conditions are considered your responsibility to be aware of and not an excuse for ACDA violations.

Because of this law, it is almost always the fault of the individual who did the rear-ending in an accident.

In Ohio, tickets for ACDA violations have a maximum penalty of $150 for first-time offenders. They’re considered minor misdemeanors and usually add 2 points to your license. The real problem comes when you already have multiple offenses on your license. Multiple ACDA violations can lead to fines as large as $500 and may include jail time and a suspended license.

Challenging an ACDA Citation in Court

Reversing an ACDA charge is possible but can be difficult. By law, most rear-end accidents are automatically assumed to be the fault of the driver who rear-ended the other. In order to void the ticket, you’ll need to prove the other driver was negligent. This can be hard to do without a car accident lawyer guiding you throughout the process.

Reasons the driver in front of you could be at fault include:

  • The driver in front of you negligently hit their breaks or reversed suddenly.
  • The driver’s brake lights or other car parts failed and they knowingly neglected to repair them

Reasons that the driver in front of you would not be at fault are:

  • An animal suddenly darts in front of them or,
  • They hit their brakes to avoid a collision with an object or person

While tickets issued as a result of rear-endings can be difficult to fight, certain circumstances may permit the fine to be voided and the points removed from your license.

A driver is required to drive at a “reasonable or proper” speed under the existing weather and traffic conditions. On a clear and dry day with little traffic, a “reasonable or proper” speed generally is the posted or applicable speed limit. On a foul weather day, or in heavy traffic conditions, a “reasonable or proper” speed may be something less than the posted or applicable speed limit. Applying this same rule of reasonableness, a driver generally is not responsible for being cut off by another vehicle, pedestrian or object. If the driver in the exercise of ordinary care could not have avoided the resulting collision, then he or she arguably has not violated the ACDA code.

You can contest any ticket. But what does ACDA mean on a traffic ticket? Your chances of success depend on the circumstances and whether you’re willing to hire an auto accident attorney. It can be difficult to beat an ACDA when you rear end someone. However, an attorney may be able to negotiate a no points violation of some kind. A good lawyer will look for inconsistencies in the police report, as this could give a lawyer ammunition in a negotiation.