In order to prove that the assured clear distance statute has been violated, one must prove that the object which was struck was:
- located ahead in the lane of travel;
- was reasonably discernible;
- that the object was static or stationary or moving in the same direction;
- entered the lane of travel at a point sufficiently far ahead so as to make it possible to bring the vehicle to a stop and avoid a collision.
The assured clear distance ahead (ACDA) for any driver changes in every instance due to conditions, surrounding vehicles, and a host of other factors.
Per US Legal, Inc., the “assured clear distance ahead is the distance ahead of any terrestrial travel device such as a land vehicle, watercraft, skates, or skis, although commonly an automobile, which can be seen to be clear of hazards by the driver, within which they should be able to bring the device to a halt; drivers generally may not pose an immediate hazard upon where or when they cannot assure such distance ahead is clear.” To discuss the assured clear distance ahead statute in depth, contact one of our subrogation lawyers.