accident experts?

rhynoc · November 15, 2006

Travelling up the highway, bumper to bumper traffic. Guy in the right lane decides to jump spot into my lane then realized that the traffic is no better in my lane and jams on his brakes. I nearly hit him (tire squeels an all)

I lay on the horn, and dont quit. He sits there, traffic moves along but he continues to sit there, I lay on the horn some more. Finally the guy moves (mind you no cars in front of him, traffic has since moved on)

Guy completely jams on his brakes (complete stop after moving) and I couldnt stop in time.

I get out yelling, walk up to the guy and "what in the **** is going threw your ****ing head, stopping like that on a ****ing highway bumper to bumper?"

The guy grabs my shirt by my chest and says to me "if you want to be able to drive home tonight keep yelling and I smash you in the face"

I'm like "what the **** buddy, get you hands off me"

[insert more usless bickering and standard insurance exchanging]

I reported the ASSAULT and the police should be at my place within a day or so.

Damage is minimal

left a message with my insurance to contact me.

3 passangers in my car

Am I at fault? If am am found at fault should I level with the guy and ask him what it is worth to him not to be charged with assualt and that he should pay for my damages and move on or.......what?

I was under the assumption that you cannot stop without reason on a highway?

Simp · November 15, 2006

I was under the assumption that you cannot stop without reason on a highway?

Well, I'm certainly no expert but I had this happen to me: I was in a line of traffic that was barely moving because of a steady light rain and quick red light. The car in front of me was blocking an exit to a grocery store and there was an old lady waiting to merge into the line of traffic. The line starts to move but there's the old lady waiting, so like a good guy I stop and motion for her to go (Mind you, I was only going maybe 5 MPH when I stopped) I hear something behind me and a split second before it happened I realized that it was tires sliding on a wet road. BAM!

Anyway, to make a long story short, in court the lady that hit me told the prosecuter that I was stopped in the road, that's the reason she hit me. He told her that it doesn't matter if I was stopped or not, that as long as I wasn't backing up she was at fault.

So, getting back to your situation. I'd say that our circumstances are different and IMO, the other guy is at fault for break-checking you, causing an accident. The accident may not be your fault, but be prepared for them to get you for following too close. Good luck with it!

mjbone23 · November 15, 2006

You could be at fault because of rear ending him. From what I've heard/seen, it doesn't matter how it happens, you'll get a ticket for following too closely.

That's why you see upset drivers jump in front of cars that did something to them and try to get them to rear end them by jamming on the breaks.

-Jordan

acrazygolfer · November 15, 2006

You both were at fault based on your version of the event. He for creating a dangerous condition by his action. You for not watching the road. As for damages, assuming you live in a comparative fault state, the amount of damages recoverable by you will be reduced by the percentage of fault assignable to you by either the judge or a panel of jurors.

Simp · November 22, 2006

We haven't heard from him lately, so I'm assuming they've already executed him. Poor guy. ;)

DemolitionMan · November 24, 2006

You both were at fault based on your version of the event. He for creating a dangerous condition by his action. You for not watching the road. As for damages, assuming you live in a comparative fault state, the amount of damages recoverable by you will be reduced by the percentage of fault assignable to you by either the judge or a panel of jurors.

Agree and if you are in CA, you will have to take care of your own damage from rear-ending someone. Push the issue hard enough then you will be completely at fault because without a witness, the assault will go nowhere, you rear ended the guy, and on top of all that, it sounds like you incited the whole incident by leaning on your horn. The horn is for brief use, not leaning. You can get a ticket for that.

In heavy traffic, people get cut off all the time, learn to deal with it better. If your car was not hit, then take a deep breath, and move along. Your incident is pretty minor, but imagine if the guy broke your nose or worse. Sure, he goes to jail, but was it worth it?

The Big Pinch · November 24, 2006

In Michigan it is called "Failing to Stop in an assured clear distance". It basically means no matter the conditions or circumstances you must have enough control to stop before you strike another car. Driver striking another vehicle in rear always at fault.

Spumoni · November 25, 2006

You are always 100% liable when you rear end someone

bg1 · December 3, 2006

The insuranse company will see it as not maintaining a safe distance and find you at fault. The fact that he jammed the brakes shows he contributed to the accident and has some percentage of liability, BUT, he will say that something in front of him caused him to hit the brakes and then it becomes your word against his. You will be at fault in the end.

rhynoc · January 2, 2007

So the guy took responsiblity for what he did, everything turn out for the best.

But I was talking with a friend of mine and we were having a little debate on what the ruling would be if someone hit me from behind and I was propelled into another car. Thoughts?

acrazygolfer · January 2, 2007

Here is the easiest scenario:

Driver in car 1 sitting at a red scratching his @$$ but otherwise observing the law. Driver in car 2 came to a stop behind car 1. Driver in car 3 failed to stop in time and struck car 2 pushing it into car 1. Car 1 can sue both car 2 and car 3. Car 2 can sue car 3, a cross-complaint, for his damages and can also sue car 3 for equitable indemnity to recover money he paid to car 1, if any.

rhynoc · January 3, 2007

Here is the easiest scenario:

Driver in car 1 sitting at a red scratching his @$$ but otherwise observing the law. Driver in car 2 came to a stop behind car 1. Driver in car 3 failed to stop in time and struck car 2 pushing it into car 1. Car 1 can sue both car 2 and car 3. Car 2 can sue car 3, a cross-complaint, for his damages and can also sue car 3 for equitable indemnity to recover money he paid to car 1, if any.

yeah that pretty much what my friend was saying. Me personally I couldnt see how car 2 would be at any fault as they were propelled into another car agaisnt their will and that car 3 had to pay damages to both the front and back of car 2 and the back of car 1.

It goes to say if car 1 felt 2 bumps that would indicate car 2 hit them first an car 3 hit car 2 back into car 1, but if car 1 felt one bump that would indicate car 3 propelled car 2 into car 1.