POLL: hypothetical auto accident question (how to combat tailgaters)

[Lifer]

lets say some guy is tailgating me big time, flashing his highbeams and coming within inches of hitting me... ur typical bastard tailgater.
if i step on the brakes and he slams into my rear end causing damage to my bumper and trunk, around $500-1000 worth.

is he pretty much at fault? or can he claim that i braked on purpose to cause the accident?
i'm under the impression that rear end cases are pretty much cut and dry, the guy behind is at fault.
would i win in a court case?

 

[mpitts]

I'm not sure what the legal ramifications are but this begs the question:

Why don't you just get over and let him/her pass? Slower traffic stays to the right.

 

[Linflas]

He could claim it but as far as I know the bottom line is he has no excuse for not maintaining proper following distance. All you really have to claim is that you thought you saw a car switching lanes in front of you, something in the road etc. That said why not just move out of the left lane and allow him to go about his business?

 

[Lifer]

Originally posted by: Linflas
He could claim it but as far as I know the bottom line is he has no excuse for not maintaining proper following distance. All you really have to claim is that you thought you saw a car switching lanes in front of you, something in the road etc. That said why not just move out of the left lane and allow him to go about his business?

because sometimes they can be real assholes and my car is a beater so i could care less

 

[Borracho]

speed the fvck up and get the hell in the right lane!

 

[fs5]

it would most likely be his fault since he didn't maintain proper following distance. If you SLAMMED on your brakes and he has a witness then he might have a case.

 

[Bootprint]

Downshift, if possible. j/k

 

[TwinkleToes77]

Originally posted by: fivespeed5
it would most likely be his fault since he didn't maintain proper following distance. If you SLAMMED on your brakes and he has a witness then he might have a case.

yeah youd better hope someone doesnt see you do it.. or if anyone if behind him and you slam your brakes and he hits you could cause a pile up. Besides insurance company always assign percentages for fault... so even if he is mostly at fault.. youll still get some blame.

 

[MikeMike]

b4 u do it, throw ur blinker on, and then do it, like all in the same instant so you can get a failure to signal or sumtin.

MIKE

 

[JackOfHearts]

I was tailgating a bit, the guy slammed his brakes, I wacked him... I got cited and payed for the damages...

 

[cambre]

You could yank your e-brake so it wouldn't look as obvious that you're braking.

 

[HappyPuppy]

This scenario begs the question, just how stupid are you and are you willing to kill yourself, the guy behind you and others on the road who aren't even involved.? Once he rearends you you don't know what is going to happen.

I say to take your childish impulses to a game arcade where noone will get hurt.

 

[Mo0o]

I think techinically its his fault no matter what because he needs to maintain safe distance. But as HappyPuppy said, dont forget to factor in the fact that you could get seriously hurt trying to prove a point.

 

[aswedc]

Thank god they are putting black boxes in new cars so people like you can't pull off these vigilante stunts. The police can enforce the law just fine, just leave it to them.

 

[Don Vito Corleone]

Tailgating is not always a question of failing to yield, as many here are presuming. If you are being tailgated on a two-lane county highway with traffic in both lanes, for example, there sometimes just isn't any way to get out of the way. I would never slam on my brakes in this situation, but I have been known to apply enough brake pedal to get the brake lights on, but not enough to actually brake, as a deterrent to tailgaters.

 

[Ausm]

All Tailgaters should be shot!!


Sysadmin

 

[Mallow]

It would be totally his fault no matter what, or at least that's how it is in Texas. It is your right to slam on your breaks. You could claim pot hole or cat in the road for all the cop cares. It is the responsibility of the driver behind you to keep a safe distance. He must take into account weather conditions and road conditions. If someone rear ends you in Texas it is their fault NO MATTER WHAT. I'm pretty sure the law is similar in all states.

I've had first had experience being the one who runs into someone else... it was on a rainy day and I was 4 car lengths behind but the road was oily and I couldn't stop. It was my fault for not knowing I would skid that far. O well.

 

[Lifer]

Originally posted by: aswedc
Thank god they are putting black boxes in new cars so people like you can't pull off these vigilante stunts. The police can enforce the law just fine, just leave it to them.

riiight, what's the ratio on tailgaters who get off clean and tailgaters who get tickets

 

[ThisIsMatt]

I'd just use my hydraulic lift that's mounted to the front of my truck to flip you off the side of the road.

 

[propellerhead]

Hit your windshield washers. That usually gets a tailgater to back off.

But still, why not just move over? I don't think you'll win a popularity contest as a left lane idiot.

 

[Squisher]

Originally posted by: Lifer

Originally posted by: Linflas
He could claim it but as far as I know the bottom line is he has no excuse for not maintaining proper following distance. All you really have to claim is that you thought you saw a car switching lanes in front of you, something in the road etc. That said why not just move out of the left lane and allow him to go about his business?

because sometimes they can be real assholes and my car is a beater so i could care less

Who really has cornered the market on spincterousity, the slow poke or the tailgater?

I'd have to say you were first with the rolling blockade.

 

[Fiveohhh]

Originally posted by: HappyPuppy
This scenario begs the question, just how stupid are you and are you willing to kill yourself, the guy behind you and others on the road who aren't even involved.? Once he rearends you you don't know what is going to happen.

I say to take your childish impulses to a game arcade where noone will get hurt.

Agreed 100%

 

[Lifer]

Originally posted by: Squisher

Originally posted by: Lifer

Originally posted by: Linflas
He could claim it but as far as I know the bottom line is he has no excuse for not maintaining proper following distance. All you really have to claim is that you thought you saw a car switching lanes in front of you, something in the road etc. That said why not just move out of the left lane and allow him to go about his business?

because sometimes they can be real assholes and my car is a beater so i could care less

Who really has cornered the market on spincterousity, the slow poke or the tailgater?

I'd have to say you were first with the rolling blockade.

usually i move out of the way, but there are those instances where i'm in the far left lane doing 80 in a 65 and there's no room in front or to the right of me and they STILL tailgate. as if i can do anything about it, wtf?

 

[ThisIsMatt]

Originally posted by: Lifer

Originally posted by: Squisher

Originally posted by: Lifer

Originally posted by: Linflas
He could claim it but as far as I know the bottom line is he has no excuse for not maintaining proper following distance. All you really have to claim is that you thought you saw a car switching lanes in front of you, something in the road etc. That said why not just move out of the left lane and allow him to go about his business?

because sometimes they can be real assholes and my car is a beater so i could care less

Who really has cornered the market on spincterousity, the slow poke or the tailgater?

I'd have to say you were first with the rolling blockade.

usually i move out of the way, but there are those instances where i'm in the far left lane doing 80 in a 65 and there's no room in front or to the right of me and they STILL tailgate. as if i can do anything about it, wtf?

That's just our way of hopefully pissing you off and pushing you forward, which pisses off and pushes the guy in front of you forward, which pisses and pushes that guy forward, etc. etc, ad nauseam, in hopes of pissing off the guy way in front that is holding up the line Think of it as tail gating telephone.

 

[PatboyX]

Originally posted by: Lifer

Originally posted by: aswedc
Thank god they are putting black boxes in new cars so people like you can't pull off these vigilante stunts. The police can enforce the law just fine, just leave it to them.

riiight, what's the ratio on tailgaters who get off clean and tailgaters who get tickets

vigilante justice is teh awsm!
we all grew up in supermans world, we respect that sh1t.