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A.R.S. §28-701A, Failure to Control Speed to Avoid a Collision

Rear end collisions are the most common type of motor vehicle crash. The most common traffic citation in Arizona following collision is A.R.S. § 28-701A which provides that:

"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."

Causes of rear end collisions are obvious, and include speed too fast, tailgating, inattention, distracted driving, unsafe lane change, driving under the influence of alcohol, or drugs.

When a motor vehicle personal injury case is decided by a jury, the jury is commonly, instructed by the judge regarding traffic laws that apply to the driver who is alleged to be negligent. The jury may be informed that a driver may be found negligent if he or she violated A.R.S. § 28-701 A (speed too fast, for conditions, failure to control speed to avoid a collision.)

Additional frequent violations in Arizona motor vehicle collisions include A.R.S. §28-645 (traffic light violations), A.R.S. §28-772 (left turning vehicle failing to yield at an intersection) and A.R.S. § 28-751, A.R.S. §28-754 (unsafe lane change).


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