tailgater gets owned

[TechBoyJK]

I think leaving the scene of an accident doesnt apply here unless the brake checker was actually hit by the tailgater.

In that case the brake checker had physical contact with the car when it clipped the rear tire. He absolutely had to stop as he had been in an accident. Im not certain in this case the brake checker has to stop.

Good point. I think it would ultimately come down to whether or not the lead driver is considered 'involved'. I have no idea on what basis that is determined.

 

[TechBoyJK]

Come on now. The accident wasn't ultimately caused by the trailing driver's overreaction to what she saw in front of her?

Instead of the event (the overreaction) that immediately preceded loss of control why would you choose to only look back as far as the brake check for blame? Why wouldn't you go back by three steps and put the ultimate cause on the tailgating? Or four steps, or blame their parents?

The argument just doesn't make sense.

Don't get me wrong, I'm here just trying to make sense of how this 'could' play out. I'm glossing over the obvious and trying to play devil's advocate. Clearly the fault rests mostly if not totally on the tailgater. I'm phishing for reasons in which the lead car could be found to share blame.

Take this at face value; not asserting some random lawyers page is authorative.

http://www.oldhamsmith.com/rear-end-accident-caused-by-a-brake-check/

Rear-end accidents are the most common auto accidents in the country. They’re ordinarily caused by one vehicle following another vehicle too closely. If a person is found to be tailgating, they’re usually held liable for the accident. Although that might be a presumption, it’s a rebuttable presumption. Rear-ending another vehicle isn’t a strict liability offense. The following driver that hit the vehicle in front of them is permitted to present evidence that they were brake checked, and that the reckless actions of the brake checking driver in front of them was the actual cause of the accident.

The term “brake check” originally came from motor racing. A driver brake checks a following vehicle when they’re driving close together, and the front driver intentionally brakes very abruptly. One of three things happens then. The driver behind also brakes hard, makes a fast evasive maneuver, or crashes into the rear of the car in front.

There’s a reason that brake checking is against the law. It’s dangerous. If a driver is cited for brake checking and pleads guilty to the offense, the person who crashed into them might use that guilty plea against them in a case involving personal injury and/or property damage. Witnesses corroborating the brake checking could also be very convincing. Liability for the accident might then be attributed to the brake-checking driver, particularly if their intent was to scare the other driver into backing off rather than letting them know that they’re following too close. The brake checker might argue that the vehicle behind them caused the accident because they were following too close. That would be countered with an argument that there was no reason for the driver in front to slam on their brakes, and had they not slammed on their brakes, the accident never would have occurred.

Tailgaters are aggressive, annoying and a fact of life sometimes. The best way to handle them is to get out of their way, and let them pass you. If there’s an accident under those circumstances, they’ll be the person responsible for it.

 

[Schmide]

So Hyperbole, Fallacy, Blaming the Victim, Horrible Logic, Bad Reputation, Love of Abundance Chasers, etc

 

[TechBoyJK]

So Hyperbole, Fallacy, Blaming the Victim, Horrible Logic, Bad Reputation, Love of Abundance Chasers, etc

You're such a fun person.

 

[Humpy]

Don't get me wrong, I'm here just trying to make sense of how this 'could' play out. I'm glossing over the obvious and trying to play devil's advocate. Clearly the fault rests mostly if not totally on the tailgater. I'm phishing for reasons in which the lead car could be found to share blame.

Oh.

For people that drive manual transmissions, another enjoyable anti-tailgater technique is to simply down shift. If the douche behind you isn't drunk, texting, legit psycho, or psychotically drunk texting, etc., and you are pretty sure they are just being stupid aggressive, it's tempting to call their bluff.

It's pretty likely that when it comes down to it they won't actually hit you. They will go full retard and spin off into the ditch or into a fiery collision with a bridge pillar. I struggle with the hope that innocent people don't get hurt while simultaneously not really giving a shit when dimwits get some karmic justice.

 

[Schmide]

You're such a fun person.

If I truly believed you were just playing devils advocate, I would let a lot of this go.

You can in no way deny you are arguing from what you believe, so please don't pretend to play victim.

 

[TechBoyJK]

If I truly believed you were just playing devils advocate, I would let a lot of this go.

You can in no way deny you are arguing from what you believe, so please don't pretend to play victim.

Please lighten up. This is ATOT; the equivalent of sitting at the bar with fellow techies. If this were P&N or discussion club I would have taken a completely different approach.

You can take me seriously if you want to but it's only your own heart rate that will get worked up if you decide to attack me personally.

 

[randay]

this "law" is just so speeders can feel like they are better than everyone else. get over yourselves folks.

 

[TechBoyJK]

this "law" is just so speeders can feel like they are better than everyone else. get over yourselves folks.

I disagree. It's to prevent accidents, congestion, road rage, gridlock, etc.

 

[Schmide]

Please lighten up. This is ATOT; the equivalent of sitting at the bar with fellow techies. If this were P&N or discussion club I would have taken a completely different approach.

You can take me seriously if you want to but it's only your own heart rate that will get worked up if you decide to attack me personally.

Dude, if I'm at a bar and one of my friends says something off base, I'll call them on it. If they double down, more so.

My heart is cool.

You're the one that's threatening members.

Do that to me in Illinois and I'll call the police and give them dash cam footage of your crime. I'll report that just like I'd report a drunk. You're going to cause an accident by driving so carelessly and there's a reason what you're doing is illegal.

Mr big man with a dash cam!!!

 

[cbrunny]

Mr big man with a dash cam!!!

And 10 tickets. Footage of each one, no doubt!

 

[thesmokingman]

He must be a tailgater himself. Dude is way too invested in this stupid point.

 

[cbrunny]

He must be a tailgater himself. Dude is way too invested in this stupid point.

That's what I figured too. He just wants to try to justify it somehow, as if there is ever a justification for tailgating.

 

[randay]

I disagree. It's to prevent accidents, congestion, road rage, gridlock, etc.

let me clarify, the public(speeders) interprets this law in a way that benefits themselves. its one of those poorly worded laws that cops can use to pull anyone over.

speeders like to say, ohhh youre driving slower than me in this particular lane, you are breaking the law. while in reality if the person is driving in that lane doing the speed limit, a cop probably would not do anything about it.

there are many ways to prevent accidents, congestion, road rage, gridlock, etc... one way is by not speeding.

 

[dainthomas]

That's what I figured too. He just wants to try to justify it somehow, as if there is ever a justification for tailgating.

Sure there is. Medical emergency for one. Being chased by someone trying to kill them. House is burning down. What difference does it make? Regardless of how much it hurts your ego, just get over and they'll be out of your life soon enough.

 

[NAC4EV]

A couple years ago there was an brake check accident which resulted in the loss of a life.


A left lane vehicle brake checked a tail gating car behind him, and that car rear-ended the vehicle doing the brake check.

Both cars lost control and swerved into the right lane where there was a motorcycle; the cycle operator ran into the side of one of the cars and was killed.

Both drivers were charged with many charges, but only one was charged with vehicular manslaughter; that was the driver that did the brake check causing the accident.

I never brake check, I just change lanes.

 

[cbrunny]

Sure there is. Medical emergency for one. Being chased by someone trying to kill them. House is burning down. What difference does it make? Regardless of how much it hurts your ego, just get over and they'll be out of your life soon enough.

none of those are justifications to tailgate. they may be justifications to drive fast, but not to endanger other drivers on the road.

 

[dainthomas]

none of those are justifications to tailgate. they may be justifications to drive fast, but not to endanger other drivers on the road.

Your life won't be in danger if you GTF out of the way. It would probably be in more danger if you start doing the stupid brake light tappy thing.

Sometimes the best course is just to not worry about what other people do. We have actual police and judges for that.

 

[TechBoyJK]

Dude, if I'm at a bar and one of my friends says something off base, I'll call them on it. If they double down, more so.

My heart is cool.

You're the one that's threatening members.



Mr big man with a dash cam!!!

Sure, but I'm going to call out your behavior of not recognizing sarcasm.

I might be wrong, and you can call me on it all day; but you're being an abrasive, condescending jerk about it. You might not be a jerk, but you're acting like one in this thread and it comes off like you have low self esteem and need a 'win' so badly you just won't lay up.

 

[TechBoyJK]

And 10 tickets. Footage of each one, no doubt!

10 minor speeding tickets over the course of 20 years...

I'll send you the link to our county clerk's record lookup if you want to actually see each one.

 

[cbrunny]

10 minor speeding tickets over the course of 20 years...

I'll send you the link to our county clerk's record lookup if you want to actually see each one.

lol no i dont want to see your tickets.

10 in 20 years is infinitely worse than the zero in 14 years that I have.

 

[notposting]

Not even sure what the discussion is.

That wasn't even a "brake check". It was a jackass tailgater who couldn't control their vehicle.

"GTFO the way!1!1!" Well, let's see. They passed the truck with cam. Then went to move back over but oh hey, someone just merged onto freeway. So don't cut dangerously close in front of someone else, tap the brakes lightly while re-centering, and idiot behind careens off the freeway.

Brake checking not found, dumbass who can't drive found, thread full of road raging, lead footed, tailgaters.

 

[thesmokingman]

Yea that's kinda true, ppl get freaked out when others merge often slowing down. Tailgater obviously was way too close to even manage a safe correction.