I got rear ended. Is it my fault?

Question

So let me clear this up. I was going to make a right turn at a stop. I was going the limit but the light started to turn yellow , so I pressed on the break a little hard because I knew I wasn t going to make it. I was also at a do not block the box intersection so I couldn t just go on red, or stop on or near the box cause that would be illegal. Anyways all of a sudden I hear a horn , then a big crash into the back of my car. She says it s my fault but I told her I had to stop before the box when it was about to turn red because it was illegal to keep going. The cops were involved but I would want to see who isn t fault here.

lucy · Answer

The rule is that when someone rear ends another vehicle, then insurance will (always) pay to the driver of the vehicle that was rear ended.

The reason they pay is in a rear end accident is due to the following reasons:
-following too close
-not keeping an assured distance
-not paying attention

People can stop suddenly (anytime) due to an animal, pedestrian, an object in the road, or like in your case, light changes or can't go forward or turn safely etc.

So file a claim on her insurance policy and her insurance will pay for your car damages..

Nosehair · Answer

The person who hit you is at fault. People at accident scenes frequently tell others that they are not at fault. That is meaningless in terms of legally determining fault so just ignore that. A car following another car is completely responsible for stopping in time to avoid hitting the car ahead of them in all circumstances. It's their fault and even their insurance company will not attempt to claim their client is not at fault.

Slickterp · Answer

Not your fault at all.  Being rear ended never is.  It is the fault of the person ho was following too closely behind and thus didn't have time to stop.

? · Answer

If you got rear ended, legally it's their fault because they weren't keeping a safe breaking distance between vehicles.

? · Answer

In 99% of cases the person who rear ended someone is at fault.

Roy T · Answer

the person behind you must not have been in complete control because I'f they would have been a safe distance they could have stopped unless they were in a Nissan the brakes are terrible on those

laughter_every_day · Answer

You seem to assume that only one person can be at fault.  Poor assumption.

Anonymous · Answer

Yeah, it's 100% her fault, even if you made it through the yellow, where the feck would she be going, she had to stop anyway and she wasn't keeping a safe distance.

W.T. Door · Answer

No, it is not your fault if your story is accurate.  You are > supposed < to stop when the light turns yellow if you can do so. The yellow light is only a grace period for drivers who are too close to the light to stop before it turns red.

The driver who hit you was following too closely (a violation), speeding (a violation), not paying attention (a violation) and likely all three.

Anonymous · Answer

If you’re rear ended, it’s her fault especially if it’s a 1 lane road. She’s supposed to leave enough distance between you and her.

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I got rear ended. Is it my fault?

15 Answers