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If im driving at 30mph and some idiot is tailgating me, and i slam on the brakes for no reason and he hits me, whos fault is it?

2006-08-20 14:41:34 · 22 answers · asked by Anonymous in Cars & Transportation Other - Cars & Transportation

22 answers

His fault. He should maintain proper distance between his car and the car in front of him (according to Law), and tailgating is illigal. U r fine. Just dont tell the cops/ insurance company that u braked on purpose.Then they'll charge u for causing intentional damage. J
ust tell them there was a car in front of u that suddenly braked(or cat/dog suddenly tried to cross the street....u know whatever) so u also had to stop and doing so u got smashed by the car behind u.....which was tailgating u.
You'll be fine.

2006-08-20 14:54:45 · answer #1 · answered by Smart_Dumb 3 · 0 2

YOURS, and I hope he has witnesses, even though he was tailgating you YOU SHOULD NEVER SLAM THE BRAKES, you could cause a bigger accident . And don't get me wrong I hate when I am going at the speed limit and some Jacka** start tailgating, what do I do?? I just move to the next lane or keep going at the same speed I am going if he wants ...He can fly over me!!! But never ever ever slam the brakes on him!!!..You could be the cause of someone elses dead ..(and I know you were just going 30mph, still you shouldn't have done it)

2006-08-20 14:53:28 · answer #2 · answered by fun 6 · 1 1

His fault for following too closely, your fault for causing the accident (reckless driving).

I seriously advise against slamming on your brakes. Why would you want to be in an accident? So you and others could be injured? So you are late for work? So you have to take time off to get your car fixed? Move over into the slow lane and let the loser tailgating you pass. He will eventually get caught.

2006-08-20 14:49:24 · answer #3 · answered by realove336 5 · 2 0

From experience - the person who hits the back of the car is at fault. However they can give you both tickets. If there was no reason for you to hit the brakes then you will get a ticket (probably for inattentive driving) the other guy will get a ticket for following too close. If you both are speeding you'll get a ticket for that too. (the skid marks and amount of damage tell them how fast you were going). Then there is the insurance - it will more and likely go up. Especially if you get a ticket for it. Then there is his insurance that might sue you if you did get a ticket since you caused the accident.
Just thought I would let you know

2006-08-20 20:07:06 · answer #4 · answered by tweetyb_76 3 · 1 0

It is your fault. Your key words were "if you slam on the brakes for no reason." If you have a good reason to slam on the brakes, then it is more likely that the accident could be ruled against the tailgater.

The best solution I've found to deal with tailgaters without causing road rage is to turn my hazard lights on. This lets them know they either need to pass or just deal with your speed and back off.

2006-08-20 14:48:24 · answer #5 · answered by q_midori 4 · 1 2

Legally or ethically?
Ethically... both =p ..Ironically, a better solution to causing damage is to gradually slow down to 10mph. Let 'im stew for a bit =p When you lose your nerve, feel free to go back to the speed limit.

Road rash (including taking the abovementioned passive revenge) is a bad idea.

Legally, in most if not all U.S. states, you are not responsible for the person behind you. Even if you intentionally whip around a blind curve and come to a full stop without them realising. It's an increasingly common method of insurance fraud - for people to stop short and intentionally make the person behind them have to pay the damages. In fairness, some insurance companies have started promising to try to investigate this (which would be limited to witness testimony).

2006-08-20 15:03:40 · answer #6 · answered by winterbourne_nova 2 · 1 1

Legally he will be liable for the damage. In actuality, both of you would share blame. Tailgating is wrong, but so it trying to cause an accident!!

2006-08-20 14:50:31 · answer #7 · answered by fire4511 7 · 2 0

It's his fault. Tailgating is against the law. If he wasn't tailgating, he would've had room to stop.

2006-08-20 14:46:42 · answer #8 · answered by First Lady 7 · 0 1

His cause he hit you. But after he pulls his 9mm and caps you for being an idiot it doesn't really matter about the tailgating anymore.

2006-08-20 14:47:06 · answer #9 · answered by therego2 5 · 3 1

It is his fault. When driving, you should always leave enough room between you and the car in front of you to successfully brake if the person in front of you stops abruptly.

2006-08-20 15:03:14 · answer #10 · answered by linemanboston 2 · 0 1

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