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Shannon! asked in Cars & TransportationSafety · 9 years ago

In this particular car accident, who would be at fault?

Just curious...

when I was learning how to drive, I was told that if Driver X hit another car from behind, Drive X would be at fault. However...

I was coming home today and heading on to the highway. It was my car, a large truck in front of me, and a small silver car in front of the truck. The truck was going well under the speed limit and I went around it at a red light and stopped beside the small, silver car. The driver apparently thought I was trying to get in front of him (when I was actually just trying to get from behind the truck) to head on the freeway. The guy in the silver car speeds off as soon as the light turns green and glares back at me (I didn't even notice he was staring at me until he was in front of me).

I manage to get in front of the truck and the silver car is going about 40-45 mph (I was going just under 40 and he was ahead of me). He sped up as we turned on the highway and slammed on his breaks just as I was turning in behind him. I didn't hit him, thankfully, but it was a hard stop. I saw him turn around at look back at me and laugh and he sped off doing over 70 (I was doing 65) and he vroom-ed off still laughing. I was pissed, but didn't break 65 mph because I know cop cars usually sit around and try to catch speeders during that time of the day and I did not want to be ticketed.

Anyways, if I had hit him, would I be the driver at fault? The big truck was behind me (albeit, pretty far) so that driver wouldn't have seen the driver in the silver car turn around and cackle at me when he tried to get me to rear-end him. Even when I blew my horn at him, he laughed even harder, the douche.

I was just wondering...

Thanks!

8 Answers

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  • 9 years ago
    Favorite Answer

    I believe that the driver following behind is supposedly always at fault. Although we know that this isn't always true. There have been many times when I've been driving and following at a safe distance when someone speeds up and swings their car right in between causing the same thing, the slamming of the breaks. There are crazy drivers out there, just try to be very very safe.

  • 9 years ago

    Avoiding collisions with cars in front of you is not rocket science.

    It's really very simple:

    Never, ever get behind a car until it is far enough ahead of you so that, even if the driver slams on his breaks, you will not hit it.

    If you are close enough that the other driver can cause you to hit his or her car, then you are too close to be behind the other car.

    Period.

    If someone can make you hit them, then it's your fault, for being too close.

  • Ted
    Lv 5
    9 years ago

    It would be the other guy's fault. It looks like he was deliberately trying to make you hit him. But without witnesses or video evidence, it is your word against his.

    My advice is to get a dashcam (digital video camera that you can mount on your windshield) in case this happens again.

    I've been in a rear end collision where I was stopped and the other driver backed into me. Luckily he was an honest man and told the cops it was his fault.

    Unfortunately there are a lot of crooks out there who back into people and tell the cops that they were hit from behind

    Some of these crooks caught on camera are now on youtube.

    http://www.youtube.com/watch?v=X0kcLnTQgJ0

    http://www.youtube.com/watch?v=FRC7RO2tOJQ

  • seder
    Lv 4
    4 years ago

    John H is punctiliously incorrect. deepest vehicle parks are coated under the line site visitors Act, if individuals of the accepted public can get right of entry to it the two unfastened or via charge. the single way indications in a private vehicle park at the instant are not enforceable and as a result do not must be adhered to. even nevertheless you will in all possibility ought to settle for some duty and in my previous journey it would bypass 70/30 on your favour, because of the fact the different social gathering had an obligation of care while reversing.

  • 9 years ago

    That is some bull ****. Hopefully the truck driver would honestly say what happened about how the car slammed on its brakes. Unfortunately without evidence, you are supposed to be far enough so you have time to brake.

  • ?
    Lv 7
    9 years ago

    YES, you would have been considered at fault. You must ALWAYS maintain enough distance between you and the car in front of you to prevent an accident REGARDLESS.

    He was a total jerk, but you still have to leave room.

  • 9 years ago

    You would need witnesses to make a case that he caused the crash on purpose, then he would go to jail.

  • 9 years ago

    Sadly it may still be yours depeing on how the cop and ever other person sees it

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