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Car crash - Whos at fault legally?
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Car crash - Whos at fault legally?Posted:
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Hey guys,
Whats your understanding or opinion of this. I was driving home from work on a single carriageway road, me and another car had just come off of a roundabout. There is a large tow truck in the lay by next to the road indicating out however it is stationary. The car in front does an emergency stop as they think the van is about to force its way out. When he actually manages to stop he is about 5 meters past the truck. By the time I am around the roundabout and see the truck indicate and the car I am breaking and I hit the car in front at around 5mph ABS flashing and airbag not deployed.
Is he at fault for reckless driving and undue care as effectively he slammed his breaks on for no reason. Or would I be at fault?
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Whats your understanding or opinion of this. I was driving home from work on a single carriageway road, me and another car had just come off of a roundabout. There is a large tow truck in the lay by next to the road indicating out however it is stationary. The car in front does an emergency stop as they think the van is about to force its way out. When he actually manages to stop he is about 5 meters past the truck. By the time I am around the roundabout and see the truck indicate and the car I am breaking and I hit the car in front at around 5mph ABS flashing and airbag not deployed.
Is he at fault for reckless driving and undue care as effectively he slammed his breaks on for no reason. Or would I be at fault?
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#2. Posted:
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I can't speak for any other countries,
but in the US 9 times out of 10 the person rear ending someone is at fault.
Unless the crash was not preventable.
For example if someone changed lanes. You might have rear-ended them, but it wasn't your fault
In your instance, I would probably say that the other guy was at fault, but I'm not sure.
but in the US 9 times out of 10 the person rear ending someone is at fault.
Unless the crash was not preventable.
For example if someone changed lanes. You might have rear-ended them, but it wasn't your fault
In your instance, I would probably say that the other guy was at fault, but I'm not sure.
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That's a tough one, for sure. I would say for the car to suddenly brake because they thought the van was going to pull out infront could mean they weren't paying attention. Therefore that could be classed as reckless driving? I don't know much but this happened to my mum. She was driving along and the car infront suddenly stopped without warning and we went into the back of them. After a lot of problems it finally came to the decision that is was their fault for not paying attention to the surroundings.
Your speed could also be a main factor, even if
You were 1mph over the speed limit it could be used against you.
Again, I really don't know what to say here but I'm trying my best and just go from passed experience.
Also, might be too late but did you take pictures of the damage on both vechiles? Just to stop any cheeky claims by the other party
I had a look around and this site seems to be a great source for information on your accident
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What do you think about this? Seems like it could help (I did not write this)
You would generally have to look at the reason why Person B stopped so suddenly and without warning. When a sudden stop was made due to a traffic sign or signal, the driver is highly unlikely to be held at fault if another vehicle crashes into the back of him.
There may be a need to stop suddenly if, for example, a child runs out into the road. In this scenario it is of course reasonable to stop suddenly and it is highly unlikely that you would be held at fault if another vehicle crashes into the back of you. I could never say that it is impossible to be held at fault in these situations as every case is taken on its own facts.
Regarding the person who stopped infront of you:
You could be at fault if you stopped suddenly and without warning for no good reason. Even if your vehicle was not involved in the accident itself, you could still be held at fault. Say for example Vehicle A stopped suddenly and without good reason, Vehicle B managed to stop in time but Vehicle C crashed into the back of Vehicle B. If there was no good reason for Vehicle A to stop suddenly then they may be held liable for the accident. In these cases of extenuating circumstances the person who stopped suddenly may be at fault. There is no strict rule on this area of law as every case is considered based on its own unique facts
Last edited by Dalm ; edited 4 times in total
Your speed could also be a main factor, even if
You were 1mph over the speed limit it could be used against you.
Again, I really don't know what to say here but I'm trying my best and just go from passed experience.
Also, might be too late but did you take pictures of the damage on both vechiles? Just to stop any cheeky claims by the other party
I had a look around and this site seems to be a great source for information on your accident
[ Register or Signin to view external links. ]
What do you think about this? Seems like it could help (I did not write this)
You would generally have to look at the reason why Person B stopped so suddenly and without warning. When a sudden stop was made due to a traffic sign or signal, the driver is highly unlikely to be held at fault if another vehicle crashes into the back of him.
There may be a need to stop suddenly if, for example, a child runs out into the road. In this scenario it is of course reasonable to stop suddenly and it is highly unlikely that you would be held at fault if another vehicle crashes into the back of you. I could never say that it is impossible to be held at fault in these situations as every case is taken on its own facts.
Regarding the person who stopped infront of you:
You could be at fault if you stopped suddenly and without warning for no good reason. Even if your vehicle was not involved in the accident itself, you could still be held at fault. Say for example Vehicle A stopped suddenly and without good reason, Vehicle B managed to stop in time but Vehicle C crashed into the back of Vehicle B. If there was no good reason for Vehicle A to stop suddenly then they may be held liable for the accident. In these cases of extenuating circumstances the person who stopped suddenly may be at fault. There is no strict rule on this area of law as every case is considered based on its own unique facts
Last edited by Dalm ; edited 4 times in total
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#4. Posted:
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CriticaI wrote I can't speak for any other countries,
but in the US 9 times out of 10 the person rear ending someone is at fault.
Unless the crash was not preventable.
For example if someone changed lanes. You might have rear-ended them, but it wasn't your fault
In your instance, I would probably say that the other guy was at fault, but I'm not sure.
Yeah it's country dependent, however you're correct 9/10 time if not more it is the person who rear ends that is at fault. Logically how it happened he is at fault, his maneuver, driving and actions and such. However I am concerned that it won't be viewed that way.
Dalm wrote That's a tough one, for sure. I would say for the car to suddenly brake because they thought the van was going to pull out infront could mean they weren't paying attention. Therefore that could be classed as reckless driving? I don't know much but this happened to my mum. She was driving along and the car infront suddenly stopped without warning and we went into the back of them. After a lot of problems it finally came to the decision that is was their fault for not paying attention to the surroundings.
Your speed could also be a main factor, even if
You were 1mph over the speed limit it could be used against you.
Again, I really don't know what to say here but I'm trying my best and just go from passed experience.
Also, might be too late but did you take pictures of the damage on both vechiles? Just to stop any cheeky claims by the other party
Yeah I don't think he was paying attention as he was a bit all over the road. I did wonder the legality of it and reckless driving however I do not know. I will like your mum continue this one as I do not feel it is justifed for him be absolved of blame.
I did get photos of it, he has hardly any damage to his car but I got it in photos. I had more damage then him unfortunately.
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#5. Posted:
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#6. Posted:
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If i responded to this call, from what you described it would be difficult to judge without video proof but here is what i think..
You would be at fault here unfortunately. Here in the U.S. 95% of the time the driver in back is at fault during a rear-end collision. The way the insurance will view it is that you should have been aware of your surroundings and noticed it. I have seen it happen many times. But you could fight it if the damage was that significant and see what the insurance company would say.
Now i wouldn't ticket both parties as this is not reckless driving. I've ticked kids driving 95mph in a 25mph zone, that's reckless driving. We are all human, mistakes happen.
I would suggest a dash camera in the future because it could help you if something like this happens again.
You would be at fault here unfortunately. Here in the U.S. 95% of the time the driver in back is at fault during a rear-end collision. The way the insurance will view it is that you should have been aware of your surroundings and noticed it. I have seen it happen many times. But you could fight it if the damage was that significant and see what the insurance company would say.
Now i wouldn't ticket both parties as this is not reckless driving. I've ticked kids driving 95mph in a 25mph zone, that's reckless driving. We are all human, mistakes happen.
I would suggest a dash camera in the future because it could help you if something like this happens again.
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#7. Posted:
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More than likely you cuz you hit him
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#8. Posted:
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In the US unless there are witnesses or other proof such as a dash cam showing what happened, you will be at fault for following too closely for conditions.
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#9. Posted:
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its easy,your at fault,in the eyes of the law hitting someone from behind is always your fault unless you have a dash cam that can prove the other drivers careless driving,but you are supposed to leave enough room from the car in front to be able to stop safely
sorry
sorry
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#10. Posted:
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You'd be at fault in this case, this is how to state & insurance views it
You should of been aware of your surroundings, should of anticipated what to do next, even though they suddenly stopped you should of seen and made action to early enough to brake far before the accident happening. Any claims would go through your insurance and it may be possible you'd get a point or two on your license, but don't quote me on the last part
You should of been aware of your surroundings, should of anticipated what to do next, even though they suddenly stopped you should of seen and made action to early enough to brake far before the accident happening. Any claims would go through your insurance and it may be possible you'd get a point or two on your license, but don't quote me on the last part
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