Lawyers... I have a question about car accidents.

[tec699]

OK....

So I was driving home today on the Parkway at a fast pace. The speed limit in 65 in NJ and I was traveling at 74 mph. Suddenly I had this a$$hole lady come down on me tailgating me to no end. She must have been doing at least 90 mph. I was so mad that I was actually thinking about jamming the car brakes so she would slam into the back end of my car.

So if this were to happen and I sued her for back and wrist injuries, would I stand a chance of winning a settlement in court. She was the one that slammed into me and usually the last car that causes the accident is at fault. Am I right about that? And.. if the judge would ask me why I slammed my brakes, I could tell him/her that a rabbit stepped in front of my car and I didn't want to hit it. I'm a animal lover and I was trying to avoid running it over. Oh.. and I couldn't swerve to the right because I had a car next to me. So the only option was to quickly hit the brakes and because this lady was tailgating me she was the one that caused the accident.

How would that go in court?

 

[dabuddha]

Just take your foot off the gas and let the car slow down. That'll piss her off to no end. Slamming on the brakes is just stupid

 

[iwearnosox]

Intentionally slamming on your brakes like that is a criminal act and will land you in jail for many years. There's a case where a woman was killed in such an instance, and the girl that braked is now doing life.

 

[tec699]

It's not stupid if the person is driving a BMW!!!

KACHINGGGGG......

 

[tec699]

Originally posted by: iwearnosox
Intentionally slamming on your brakes like that is a criminal act and will land you in jail for many years. There's a case where a woman was killed in such an instance, and the girl that braked is now doing life.

I don't believe you. Show me the link please to that case.

 

[BDawg]

IANAL, but I belive the other driver would have to prove that you slammed on your brakes in order to create an accident, and not because of necessity due to road condition or debris.

 

[Scarpozzi]

Well....first off, that's stupid to want to get rearended at that speed. All it would take is her to hit you at a slight angle and you could start to lose traction and go into a spin.


As far as the brake trick....if you have a hand brake...like a parking brake, use that one to slow down. That way your brake lights won't come on and she can't claim that you did it on purpose.

 

[iwearnosox]

Originally posted by: tec699

Originally posted by: iwearnosox
Intentionally slamming on your brakes like that is a criminal act and will land you in jail for many years. There's a case where a woman was killed in such an instance, and the girl that braked is now doing life.

I don't believe you. Show me the link please to that case.

Lol. I saw it on dateline about two years back, it's out there. I'm not doing the legwork for you, if you want to find it I'm sure you can.

 

[tec699]

Originally posted by: Scarpozzi
Well....first off, that's stupid to want to get rearended at that speed. All it would take is her to hit you at a slight angle and you could start to lose traction and go into a spin.


As far as the brake trick....if you have a hand brake...like a parking brake, use that one to slow down. That way your brake lights won't come on and she can't claim that you did it on purpose.

Ahh... The ole hand brake trick! I didn't think of that one.

 

[KC5AV]

If it's daytime, try turning on your parking lights. Most people will mistake that for brake lights. If that fails, just take your foot off the gas and/or tap your brakes.
Of course, the question needs to be asked: which lane were you in? If you were in the left lane, most states would require that you move to the right lane to allow her to pass. There was a nice long thread about this very thing last week.

 

[tec699]

Originally posted by: KC5AV
If it's daytime, try turning on your parking lights. Most people will mistake that for brake lights. If that fails, just take your foot off the gas and/or tap your brakes.
Of course, the question needs to be asked: which lane were you in? If you were in the left lane, most states would require that you move to the right lane to allow her to pass. There was a nice long thread about this very thing last week.

I was in the left lane but their was a car to my right. I was attempting to get ahead of that car, but this b!tch came down on my bumper like an idiot. So I couldn't move to the right, so what was I suspossed to do? The car to my right was doing 75 mph and I didn't want to exceed that speed limit.

 

[Scarpozzi]

LOL....I remember about 7 years ago I was driving in NJ and the same thing happened to me. I was in the left lane and driving with my foot to the floor. Of course I was in a VW bus and only travelling 65Mph. Anyhow, I don't know how I survived. A jag pulled up on my bumper and started flashing its lights. I got really pissed because I felt like Scotty screaming to Capt Kirk, "I'm givin' it all she's got captain!!"

 

[tec699]

Originally posted by: Scarpozzi
LOL....I remember about 7 years ago I was driving in NJ and the same thing happened to me. I was in the left lane and driving with my foot to the floor. Of course I was in a VW bus and only travelling 65Mph. Anyhow, I don't know how I survived. A jag pulled up on my bumper and started flashing its lights. I got really pissed because I felt like Scotty screaming to Capt Kirk, "I'm givin' it all she's got captain!!"

Haha...

I swear I think NJ drivers have to be the worst drivers in America. Well... NJ-FL-CA and NY.

 

[Ylen13]

Originally posted by: tec699

Originally posted by: KC5AV
If it's daytime, try turning on your parking lights. Most people will mistake that for brake lights. If that fails, just take your foot off the gas and/or tap your brakes.
Of course, the question needs to be asked: which lane were you in? If you were in the left lane, most states would require that you move to the right lane to allow her to pass. There was a nice long thread about this very thing last week.

I was in the left lane but their was a car to my right. I was attempting to get ahead of that car, but this b!tch came down on my bumper like an idiot. So I couldn't move to the right, so what was I suspossed to do? The car to my right was doing 75 mph and I didn't want to exceed that speed limit.

Well then you should have exceeded the speed limit pass the car that was on the right do the change lane and slow down.

 

[Jzero]

This statement is a BALD-FACED LIE:

So I was driving home today on the Parkway at a fast pace.

You go on to say:

The speed limit in 65 in NJ and I was traveling at 74 mph.

You are on the GSP! 74 MPH might be a fast pace IF YOU WERE DRIVING ON THE EXIT RAMP!

 

[dabuddha]

Originally posted by: tec699

Originally posted by: KC5AV
If it's daytime, try turning on your parking lights. Most people will mistake that for brake lights. If that fails, just take your foot off the gas and/or tap your brakes.
Of course, the question needs to be asked: which lane were you in? If you were in the left lane, most states would require that you move to the right lane to allow her to pass. There was a nice long thread about this very thing last week.

I was in the left lane but their was a car to my right. I was attempting to get ahead of that car, but this b!tch came down on my bumper like an idiot. So I couldn't move to the right, so what was I suspossed to do? The car to my right was doing 75 mph and I didn't want to exceed that speed limit.

Then you just slow down till you can get behind the guy in the right lane.

 

[CChaos]

What are you doing in the passing lane if you don't want to drive faster than the car you are trying to pass?

"Go if you're going. You aren't alone in the fvcking world, other people have places to go. Move that shitbox. Come on asshat, this ain't a fvcking parking lot. Jesus fvcking Christ man, the gas is on the fvcking right. How about it genius." - This is what I would be saying if I was behind you.

 

[Ynog]

10 over is not fast lane speed. If the guy in the right lane is going too slow for you, you need to pass him not ride next to him for a few miles while you attempt to pass him.
If thats the case he isn't going too slow for you.

As for slammin on your breaks - thats road rage, and now adays that can be seen as fault and you can be sited or if the accident is caused and injuries result you can go to jail.
States are making a huge effort to ease to problem of road rage so the laws are alittle more extreme than they need to be.
I'd worry less about if your case would be successful or if the other guys case would be successful when he sues you. Cause if he is driving a BMW, doesn't mean he has
alot of money, but then again if he does, good chance is he is going to get a good lawyer.

 

[8602081]

Originally posted by: tec699
OK....

So I was driving home today on the Parkway at a fast pace. The speed limit in 65 in NJ and I was traveling at 74 mph. Suddenly I had this a$$hole lady come down on me tailgating me to no end. She must have been doing at least 90 mph. I was so mad that I was actually thinking about jamming the car brakes so she would slam into the back end of my car.

So if this were to happen and I sued her for back and wrist injuries, would I stand a chance of winning a settlement in court. She was the one that slammed into me and usually the last car that causes the accident is at fault. Am I right about that? And.. if the judge would ask me why I slammed my brakes, I could tell him/her that a rabbit stepped in front of my car and I didn't want to hit it. I'm a animal lover and I was trying to avoid running it over. Oh.. and I couldn't swerve to the right because I had a car next to me. So the only option was to quickly hit the brakes and because this lady was tailgating me she was the one that caused the accident.

How would that go in court?

How about this example..

I see some a$$hole slamming his brakes front of me trying to make me hit him from behind. I'm guessing that he's doing this so he can get money from my insurance company, which will raise my insurance rate. I get so mad thinking about this that , I drive next to him and pop a bullet in his head and drive off..

What should I do after?

a) Should I feel guilty and turn myself in?
b) Should I go home and drink beer and enjoy the rest of the night?

 

[Lash444]

First off why risk an accident at such a speed? Unless you are hell-bent at getting into an accident and filing a claim thats just stupid. Like the other guy said previously, an accident at 74mph, given the fact that if you went into a spin could send your car into any number of places that would get you killed. Just wait until they can pass, give the B$$ch the bird and go on your way. All the rest of us, given the few who have to do 90 and tailgate, have to put up with this type of behavior. Give them some time though, most people cant control a car that loses control at that speed. As long as they dont kill soemone else, then let them thin out the gene pool.

 

[4Lclovergirl]

yeah, no offence, but how would you feel if you killed that person? Or someone else not involved, or even worse, yourself? Is the insurance money and revenge worth it that much?

My best method of revenege (and I live in NJ) is to find a car going somewhat slow in the lane next to me, where they can't pull around either, and go the same speed, what is it, a polish road black or something liek that? They get really really pissed, flash lights, etc. Normally on the roads in NJ there are cops every 20 miles or soish, wait till I get the feeling one's nearby, pull around the car in the other lane, watch the jerk behind me fly by, so gald to be free, then get pulled over.

I have actually done this on 78 a few times in places where I know cops sit all the time. Works like a charm, best part, you did nothing illegal, and didn't injur yourself or others.

 

[Kevin]

Originally posted by: tec699

Originally posted by: Scarpozzi
LOL....I remember about 7 years ago I was driving in NJ and the same thing happened to me. I was in the left lane and driving with my foot to the floor. Of course I was in a VW bus and only travelling 65Mph. Anyhow, I don't know how I survived. A jag pulled up on my bumper and started flashing its lights. I got really pissed because I felt like Scotty screaming to Capt Kirk, "I'm givin' it all she's got captain!!"

Haha...

I swear I think NJ drivers have to be the worst drivers in America. Well... NJ-FL-CA and NY.

I'm sorry, but PA drivers are hands-down the most clueless people behind the wheel.

Intentionally slamming on your brakes like that is a criminal act and will land you in jail for many years. There's a case where a woman was killed in such an instance, and the girl that braked is now doing life.

Actually, its hard to prove. You're supposed to leave proper length between cars when going over the speed limit. I believe its 1 car length for every 10mph over.

I still say the Parkway is more tame than the Turnpike. This guy was tailing me yesterday, and I was going a good 85mph. People who drive on the Parkway suck. Whenever I drive down to AC, I can never have my cruise control on long enough for me to have to slam on the breaks because some fool is in the left/middle lane going 60...

 

[dabuddha]

and for the record guys

It's not the fast lane! It's the freaking passing lane!

 

[Kevin]

Originally posted by: dabuddha
and for the record guys

It's not the fast lane! It's the freaking passing lane!

Yes, you go fast so you can 'pass' the slow people...

 

[vtqanh]

Originally posted by: Kevin

Originally posted by: tec699

Originally posted by: Scarpozzi
LOL....I remember about 7 years ago I was driving in NJ and the same thing happened to me. I was in the left lane and driving with my foot to the floor. Of course I was in a VW bus and only travelling 65Mph. Anyhow, I don't know how I survived. A jag pulled up on my bumper and started flashing its lights. I got really pissed because I felt like Scotty screaming to Capt Kirk, "I'm givin' it all she's got captain!!"

Haha...

I swear I think NJ drivers have to be the worst drivers in America. Well... NJ-FL-CA and NY.

I'm sorry, but PA drivers are hands-down the most clueless people behind the wheel.

Intentionally slamming on your brakes like that is a criminal act and will land you in jail for many years. There's a case where a woman was killed in such an instance, and the girl that braked is now doing life.

Actually, its hard to prove. You're supposed to leave proper length between cars when going over the speed limit. I believe its 1 car length for every 10mph over.

I still say the Parkway is more tame than the Turnpike. This guy was tailing me yesterday, and I was going a good 85mph. People who drive on the Parkway suck. Whenever I drive down to AC, I can never have my cruise control on long enough for me to have to slam on the breaks because some fool is in the left/middle lane going 60...

That's not right. You should use the 2-second rule as your minimum if you want to argue anything with the police/judge. The car length won't do it.