Traffic law question

Eos

Diamond Member
Jun 14, 2000
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Rolled up on a car slowing down at a railroad crossing today. The other car and I were it for at least 100 feet either direction. They really slowed down, to 5mph or less. I slowed down and rolled over the tracks and accelerated at a normal rate of speed.

Can a car just stop for no apparent reason?
Would there be a reversal of liability (the rear-ender is liable normally, afaik) if a person rear ended that nearly stopped car that really shouldn't be stopped?

I've not encountered this before.
 

olds

Elite Member
Mar 3, 2000
50,124
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Some vehicles have to stop before crossing tracks. From your description, it doesn't sound like this is the case.
In your scenario, if you had hit him, you'd be at fault.
 

Eos

Diamond Member
Jun 14, 2000
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Yeah, I thought so. This is why I pay attention while driving. Most people I think would not expect someone to be slowing down to such a speed when there is no apparent reason to. Then, BAM! Neck injuries and totaled cars... :frown:
 

Insomniator

Diamond Member
Oct 23, 2002
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Yeah 99% of the time if you hit the person from behind it is your fault. The basic idea is that one should always be paying attention so even if the person is completely stopped in the left lane of a highway, you should obviously be able to see him in time if you are paying attention.


 

boomhower

Diamond Member
Sep 13, 2007
7,228
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In most places its called assured clear distance. Short of someone pulling out in front of you just fast enough that they get into the lane of travel and you then rear end them there is no other logical scenario that comes to mind where you can hit someone the the back and not be at fault. No I am not counting spinning cars or any other wild ass things that could theoretically happen.
 

MartyMcFly3

Lifer
Jan 18, 2003
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Originally posted by: Insomniator
Yeah 99% of the time if you hit the person from behind it is your fault. The basic idea is that one should always be paying attention so even if the person is completely stopped in the left lane of a highway, you should obviously be able to see him in time if you are paying attention.

This. :thumbsup:
 

Christobevii3

Senior member
Aug 29, 2004
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If someone slammed on their brakes in the middle of the highway or "brake checked" you, then you might have a chance at getting something.