Why do rear end accidents usually fault the driver doing the "rear ending" most of the time???

jcuadrado

Diamond Member
Oct 26, 1999
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Happened to me this morning...I swear I must have been going 25 miles an hour on the lane just left of the far right lane in a 4 lane road...then this woman who I guess didn't feel like waiting for the person in front of her to make a right...takes off right into my lane about 25 feet in front of me!!! Well...I almost stopped in time but still hit her left back bumper with my front right....

I got the ticket...luckily I had a witness that stopped and gave her information on my behalf...

I've beat worse traffic offenses...what do you peeps think of this one?

-JC

 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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whoever was in the intersection first usually has the right of way... though if she pulled out from a stop i don't know what sort of stuff they were smoking to fault you.
 

MajesticMoose

Diamond Member
Nov 14, 2000
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The person hitting in that situation always is at fault. Your's sounds different though. From the way your describing it, There's no way in hell you were responisble. it seems evident to me just from where you hit the woman. Is there any way you can fight this in court? I wouldn't know because i've been pretty lucky so far.
 

ZeroBurn

Platinum Member
Jul 29, 2000
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Originally posted by: ElFenix
whoever was in the intersection first usually has the right of way... though if she pulled out from a stop i don't know what sort of stuff they were smoking to fault you.

i must be smoking the same stuff, because i don't see how an intersection has anything to do with the scenario, or a stop sign...

jcuadrado - the situation sucks and i'm always paranoid of passing people for this reason. some ass makes an unsafe lane change and it'd be my fault -_-

 

jcuadrado

Diamond Member
Oct 26, 1999
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thanks for the response guys...I feel confident on this one..it wasn't an intersection...it was in between interesections in front of a gas station...

she had two cars in front of her....at a complete stop mind you...the first car was turning into the gas station sllllooowwwly causing a bottleneck....the second lady waited...the third didn't...she darted out into my lane, I hit the ABS brakes on my Jetta....almost made it but didn't...BAM...

Jetta is at the shop
 

rahvin

Elite Member
Oct 10, 1999
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Sounds like she made an improper lane change.

What were you cited for? Improper lookout? Driver inattention?
 

LostHiWay

Golden Member
Apr 22, 2001
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If she was all the way in your lane when it you hit her then you were at fault. You have to have assured clear distance between you and the car in front of you. Since she made it all the way into your lane you were probably going too fast.

Anyway you could try fighting it. Maybe you'll get a nice judge or the cop won't show up in court.
 

Pacfanweb

Lifer
Jan 2, 2000
13,154
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It is almost always the person who is the hitter's fault. Your case may be different.

My dad was involved in an accident in which the truck he was driving basically ran over a car with a woman and her daughter. The woman died, and the daughter had serious injuries.
He didn't get cited, because there were several witnesses who attested to the fact that the lady cut right in front of him and slammed on the brakes.......twice. He avoided them the first time, and they cut in front of him again, and that was it.
Unfortunately for them, he was part owner of a grading company at the time, and was driving a tandem axle dump truck.

Anyway, your situation sounds similar, (without the fatalities, of course) so I think you have a good chance of beating the ticket.
 

J3anyus

Platinum Member
Mar 30, 2001
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Why do rear end accidents usually fault the driver doing the "rear ending" most of the time???

Because most of the time, the person at fault is the one who does the "rear ending". When I was at a dead stop at an intersection and a jackass drove right into my rear end, it sure as hell wasn't my fault. Luckily, my beautiful vehicle bent his frame to the point that his car didn't move anymore, while I just got a little dent in my car. There are those rare situations though where the person that does the "rear ending" isn't at fault.
 

Yossarian451

Senior member
Apr 11, 2002
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In Texas, at least, in any scenario you get a ticket for a rear end. Now a judge may overturn it, but that is at the Judge's discretion, the police merely ticket you, the judges are there to ensure justice (in theory at least).

Good Luck, and I feel for you, I have had a few close misses of the same sort, makes you real mad because you can be the most responsible driver, but some ass will pull stupid stunts and you are put at fault.
 

jcuadrado

Diamond Member
Oct 26, 1999
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If I was in her lane and I rearended her for whatever reason...I'd consider myself at fault...but in my case, I wasn't in the same lane...no where to go but STOP in a short short distance....my brakes kicked in great...just physics I guess..

I'm cool though...isn't a big deal really...it should be interesting to see how it turns out :)
 

BatmanNate

Lifer
Jul 12, 2000
12,444
2
81
Not in your case, but generally it's because some assclown is riding 4 feet off the other person's bumper, then WHAM-O. When I had my truck, if they were really riding me I'd tap the brakes nice and hard, hoping they'd total their car, put a ding on my bumper, and get me some sweet, sweet insurance cash. Ricers are always the worst with this.
 

fatbaby

Banned
May 7, 2001
6,427
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Well we have a lot of insurance scams going on here in ca...

Scenario:

The drivers of car a and car b are getting paid $500. They are carefully watching car c (who is unaware of the scam). Car c is usually a tailgater so car c tailgates car b...car b is following car a. Car a suddenly makes a complete stop, making car b jam its breaks, and making car c hit car b. Car a speeds away. Car b collects insurance $$.

Unfortunately, "car b" can end up dying because of the high freeway speeds
 

tcsenter

Lifer
Sep 7, 2001
18,707
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Sounds like you have a good case, especially if you show where the damage occurred on each vehicle. I would go to court with a map all drawn out on a poster board, the works, showing that she entered your lane improperly. The officer was wrong to fault you, if that is indeed happened as you describe it.

If it makes you feel any better, I was riding with a friend one time, and this guy gets on our ass for like two miles. He keeps trying to pass us on a busy road, but there is traffic coming each time. So we turn off onto a cross street, not because of him but because that's the way we are going. He turns, too, right behind us. :disgust:

For the next half mile, he is trying to pass again, but again there is traffic coming. We were actually going under the speed limit (45MPH), hoping the idiot would finally pass us. So he finally starts coming around us, darts in front of my friend's truck with a clearance of 24 inches between us, then slams on his brakes and tries turning into a driveway, no blinker at any time. My friend slams on his brakes, tries to go around him as the guy is making his turn, but clips the guy's right rear bumper with the front left bumper, and we slide into the ditch on the ride side of the road.

My friend is now livid, he's 6' 220 lbs and a competing amateur body builder. He gets out of his truck, climbs out of the ditch, and starts walking across the road because he is going to beat this guy's ass. The guy gets out of his car at the end of his driveway, some little pencil dick who weighs 95lbs. My friend shouts 'you stupid MF!' and the guy quickly gets back in his car, drives the rest of the distance up his driveway, then runs into his house.

My friend comes back to the truck, starts relieving some anger by rocking the truck side-to-side and screaming a few obscenities. A neighbor comes out and tells us the police are on their way. We explain everything when they come.

End result: my friend gets the ticket and the other guy gets nothing out of it.