Today coming to a roundabout I was the back car in a line of 3, the first car suddenly stopped for no reason as his entry onto the roundabout was clear. The guy in front of me said he braked sharply and stopped before he hit the first car (but his break lights did not come on) I skidded and hit the back of the car in front of me which the guy told me later that I had shunted him into the first car when I rear ended him. I believe that the seond car had not braked and hit the back of the first car thus me not seeing any brake lights thought he was not stopping and by the time I realised this I hit the brakes hard. My insurance company said its all my fault is this the case. Would it help if I claimed that the ABS must have failed/not worked correctly as my wheels locked which they should not do. The first car drove of and parked out of view the 2 people in this car who 1 had short hair and was tallish the 2nd was short and bald, but they told me that the bald guy was driving.
2007-01-13 11:34:49 · 8 answers · asked by scottcooper1970 1 in Cars & Transportation ➔ Safety
If he did not have brake lights on at all, then it would really be totally his fault!
When rear-ending someone, it is NOT always 100% your fault. I've seen it come down to percentages of one driver or the other, and even the person in front being 100% at fault. With no brake lights on, there's a good chance he could be found 100% at fault since there was no warning for you.
There are ways to tell if the lights were on when the vehicle was hit, even if they're busted out. When the lights are on, the filaments are hot and will stretch before breaking. When they're off, they're cold and break without stretching. Even if the bulbs didn't get broken or burnt out, they can look at the filament and see if it is stretched or not. As cargo above suggested, an accident reconstructionist can tell this, as well as whether they were stopped or stopping or moving when they hit the vehicle in front of them. Possibly your insurance company has someone who can do this (provided it's a different company than theirs) or you can hire someone on your own to investigate.
The trick there will be getting the bulbs that were in the vehicle when you hit it. If no repairs have been done (bulbs replaced if it was still driveable), then they should still be in the vehicle, but if they have been replaced, you're probably out of luck. Hopefully, the vehicle was towed off, is in a lot and has not been touched yet.
If his brake lights were not operating, then he had faulty equipment if he did indeed hit his brakes. In that case, you may get a following too closely citation, but he should be at fault (at least partially) since you had no warning of him slowing down.
DO NOT claim anything that didn't actually happen such as failed ABS, they will be able to tell whether or not it failed and this will only ruin your credibility. Besides, the truth is easier to remember than whatever you may tell them to try to get out of it.
If the insurance won't do anything, or if they cover more than one vehicle involved, consider consulting with a lawyer, they will be more able to tell you what your options are and what's likely to come of it.
2007-01-13 16:34:51 · answer #1 · answered by Mark B 6 · 0⤊ 0⤋
I think it depends on the specific situation. Oddly I've been in 2 accidents (the only 2 I've ever been in) where this sort of situation came up.
One time I was in your position where I rear ended a guy and he hit another car in front of him. That one was pretty bad (no permanent injuries though) but I was responsible for both cars because there was no way for the guy I hit to be able to prevent himself from hitting the other car in front of him. I was at fault.
Another time I was in dead stopped traffic on the free way when some car hit me from behind and I hit the car in front of me. This time I was STILL at fault because the cop said that I didn't have assured cleared distance from the car in front of me.
Basically from what I've gotten out of those two experiences, if the guy you hit would have been able to avoid hitting the car in front of him then that car's damage is his fault. Otherwise it's yours.
Both of those happened in Ohio, so I'm not sure if the same laws apply to where ever your accident occurred.
You said that he had already hit the other car in front of him so there should be no way that you are accountable for an accident that occurred before you got there. But that'd be something you'd have to be able to prove in court if you take things that far.
Sorry, I don't know if the ABS thing will help but I can't see how'd it would hurt to mention it to your insurance company just to see what might come of it.
Good luck with all of that stuff, it can be a mess. Believe me, I know.
2007-01-13 11:54:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You might be able to find someone who is certified as an accident re constructionist who can look at your vehicle and tell if the ABS did fail. If you go to court, you could pay for them to be an expert witness to testify to the condition of your brakes. If you have photos of the other car you hit, or if the car is available for inspection at a tow lot, the re constructionist may be able to tell if you pushed him into the car in front of him, or if he actually hit the car in front of him on his own. In any case, you hit the guy in front of you due to possibly: a) following too closely; b) too fast for conditions (at a roundabout, your speed should be very slow to make a safe merge), or c) inattention/distraction (on the cellphone, changing radio stations, cds, etc...if you do those while driving....in my area it is an extra $500.00 fine if you cause an accident while on a cellphone!) Hope no one was seriously hurt!
2007-01-13 14:17:16 · answer #3 · answered by cargo 2 · 0⤊ 0⤋
it is real, you're speaking approximately 2 separate collisions. First collision replaced into the vehicle hitting you from the rear. the 2d collision replaced into you hitting the vehicle in front of you. in case you had stored the right distance between your motor vehicle and the vehicle in front of you, the 2d collision does no longer have happened. Why ought to the insurer of the vehicle that hit you from at the back of be answerable for the vehicle in front of you, in view which you have been following too heavily?
2016-10-07 02:53:07 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You should have been ticketed for following too close and the guy in front of you you're only libal for the one you hit not the one the guy if front of you hit.
2007-01-13 11:43:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no the second car who hit the first one pays because you hit the second and he hit the first even if it your fault
2007-01-13 11:40:44 · answer #6 · answered by oldmanarnie 4 · 0⤊ 0⤋
anytime you hit someone from behind it's your fault as they say you were following to closely and didn't control your vehicle.
2007-01-13 11:46:32 · answer #7 · answered by mister ss 7 · 1⤊ 1⤋
yes you will be responsible.
2007-01-13 11:43:06 · answer #8 · answered by Anonymous · 0⤊ 0⤋