Ok so i was driving and a police car flashs me from be hind i thought i was being pulled over for some reason then a few seconds later i was at an intersection where the light was "yellow" so i stop then the police officer rear ended me. later on he said he hydroplain into me.
nightime
wet
cop-lights where not emrgency type
in the police report he and his partner state that i stoped at a "green" light.
who is at fault?
it said i faild to pull to the right but he was not traviling at a safe distance.
2007-03-03 07:06:04 · 13 answers · asked by george w 1 in Cars & Transportation ➔ Insurance & Registration
He was following to close. His fault.
2007-03-03 07:09:08 · answer #1 · answered by TonynNC 5 · 1⤊ 0⤋
First, to straighten out a myth.
Rear-end collisions ARE NOT always the fault of the driver in back. They usually are, but not always, sometimes they split up the fault between drivers like 30% front driver, 70% rear driver.
Also, a vehicle broken down and stopped in the roadway is considered a hazard and the driver of that vehicle can and will get a ticket for not moving the vehicle out of the flow of traffic if there is a reasonable alternative to leaving it in the roadway (shoulder, side street, driveway, etc).
Now, after having said that, the cop is totally at fault. By their own admission they were travelling too fast since they hydroplaned, and as I understand the way you typed it, their emergency lights weren't on. That gave them no right to be driving faster than "reasonable and prudent" (the term they use when a driver is going speed limit, but conditions warrant a slower speed). And as several others have stated, doesn't matter if you stopped at a green light, if you stopped, you have brake lights that tell them you are slowing down, this is fair enough warning that they shouldn't have hit you if they were a reasonable distance behind you.
If the emergency lights were on, then many cruisers have video cameras that come on when the lights are turned on, so that should show whether the light was yellow, red or green. If you were in the right lane, then stopping at a green light is reasonable practice as you are supposed to get to the right and stop for them.
If you let the insurance take care of everything, and they try to say you were at fault, argue with them. If you try to fight it yourself, consult an attorney.
2007-03-03 14:07:00 · answer #2 · answered by Mark B 6 · 1⤊ 0⤋
It is the responsibility of all drivers to maintain an assured clear distance ahead. If road conditions are bad, it is the responsibility of the rear driver to take this into consideration. His speed was evidentaly too fast for the road conditions. Regardless it was his
responsibility to be able to stop. You have a good case.
2007-03-03 09:00:22 · answer #3 · answered by rog@home 2 · 0⤊ 0⤋
They're just being stupid and not taking responsibilty for they're retarded mistakes. Those guys are abusing their "power." If they fined you, take it to court. As with most rear-end cases, it's usually the person that did the rear-ending that is at fault. They were simply too close. There's no reason that they could not have prevented the collision if they were at safe distances. The judge should see that.
2007-03-03 07:11:20 · answer #4 · answered by Anonymous · 4⤊ 0⤋
100% of the time that someone rearends another vehicle, they are at fault. In fact, it is not without precedent for a person to have their car stopped in a roadway and be struck. In that case, the person that struck them was found at fault. The law states that you are always to operate your vehicle in such a way as to be able to control it in any circumstance. The police officers are at fault and are likely hoping that you will be intimidated enough by the badge to not hold them responsible. Even if the light was solid green and you stopped, it is their fault. Think of it this way. If you are driving on an open road and a person/animal/whatever runs out in front of you causing you to stop and the car behind you to hit you, who is at fault. The car behind. Responsibility to control your own vehicle. If they hydroplaned, it was because they were driving too fast for the conditions. They are on the hook for fixing your car and dealing with any injury you may have sustained. If they tried to hang a ticket on you as well, double shame on them because it will never hold up in court.
2007-03-03 07:19:02 · answer #5 · answered by Bonkrr 3 · 0⤊ 2⤋
i agree with all these answers. you could have stopped at a green light and that doesn't mean anything. when they start flashing their lights everyone is supposed to pull over no matter what color the light is.
2007-03-03 11:31:36 · answer #6 · answered by morequestions 5 · 0⤊ 0⤋
Sounds to me like you need to take this to court. Was there a camera at the interesection? If so, you could request a picture of what happened, can't get better proof than that!
2007-03-03 07:45:38 · answer #7 · answered by fisherwoman 6 · 1⤊ 0⤋
It was the officer's fault, but they will try to blame it on you. Consult a lawyer and get his advise. All police think they are in the right when they have their lights on, they this one was not. Fight it in court, more than likely you will win.
2007-03-03 07:16:06 · answer #8 · answered by ? 5 · 1⤊ 1⤋
Doesn't matter what color the traffic light was--if he was following too closely and rear-ended you, his fault, cop or not.
2007-03-03 10:15:51 · answer #9 · answered by ? 6 · 0⤊ 0⤋
in the event that they do provide you a puzzling time approximately it, request a replica of the sprint cam from the officers vehicle on the time of the twist of destiny, in the event that they very truthfully have not got it, it could in simple terms make it easier to extra as a results of fact it could look very suspicious. i do no longer think of you could desire a criminal expert in the event that they are prepared to cooperate, it could probable bypass by way of city coverage i ought to anticipate yet uncertain on that. in the event that they do provide you a puzzling time i could defiantly say detect a solid criminal expert
2016-10-02 08:03:30 · answer #10 · answered by pienkowski 4 · 0⤊ 0⤋