I was driving on the highway and a car in front of me braked (his brake lights were not working). I hit him from behind. I was told that the person who hit the other car from behind is always at fault because the driver from behind would don't have been paying enough attention to the road. Is he at fault for not having working brake lights or am i for not paying enough attention to the road??
2007-03-17 21:30:08 · 16 answers · asked by Bryan M 1 in Cars & Transportation ➔ Insurance & Registration
Bryan,
You will find that 98% of the time, those with front end damage is the one responsible for the accident.
In your case, if I were the cop on the scene, I would have come to the conclusion that despite the brake lights on the car in front of you is inoperative, you were likely too close to that car to stop regardless. It's not a matter of paying attention...I'm sure you were. However, there's supposed to be a one-second lapse between you and the car ahead for every 10 mph you're driving, right? Hey, hardly no one follows that rule, but that's what we're all taught at one point.
So, suck as it may, the guy in front of you gets away with a ticket for inop brake lights...you get the ticket for tailgating.
2007-03-17 21:42:30 · answer #1 · answered by Wolfsburgh 6 · 2⤊ 1⤋
For every 10 mph you are driving you are supposed to keep a distance equivalent to the size of a regular car. Ex: 20mph, two cars. Sorry to say that although the irresponsible driver didnt have brake lights, the reason this happened was because you didnt take the precautions needed to avoid it. That is why you need to keep the distance, just in case lights malfunction or they brake unexpectedly. That way you can react and avoid an accident. Sorry though. Hope it works out.
2007-03-18 04:43:28 · answer #2 · answered by nyenelra 3 · 1⤊ 0⤋
And if it had died on the highway and had no lights at all, would that then be an excuse to run into it? Sorry, lights or not if you hit it, you will pay for the damages.
Remember the 3 second rule. When the car in front passes some mark, it should be at least 3 seconds until you pass the same mark, or you are way too close.
2007-03-18 05:37:48 · answer #3 · answered by oklatom 7 · 0⤊ 1⤋
The person who hit the car from behind would be at fault. The only way this is not so, would be to prove the brake lights were not working. Since the other vehicle was struck, this would be nearly impossible to do.
2007-03-18 04:40:37 · answer #4 · answered by Bryan _ 3 · 2⤊ 1⤋
seems to me Ive also heard its the fault of the driver who hits someone from behind always because they were not at a safe enough distance to react to the jerk in front of you that slammed his brakes on with NO brake lights. Good Luck tho hope Im wrong
2007-03-18 04:38:32 · answer #5 · answered by Sherry D 2 · 2⤊ 1⤋
I say you both are at fault, the first guy for no brake lights, that is defective equipment, you for following too close/lack of attention. If you had been further back, you may have avoided hitting him. Who was ticketed at the scene? Both probably.
2007-03-18 14:33:18 · answer #6 · answered by fisherwoman 6 · 0⤊ 0⤋
Depends on where you live.Although the idiot in front of you had no working brake lights,it is still your job to notice this.Makes you wonder why there are brake lights if we are all psychic,huh? In some states,if you get rear ended and hit another car,it is your fault.
The answer is,most likely,your fault.Sorry.I think the idiots with no brake lights is at fault,but justice as of late is not only blind,but retarded.
2007-03-18 04:39:55 · answer #7 · answered by Anonymous · 2⤊ 1⤋
The first person is entirely wrong- please disregard their uneducated advice.
Was it light out? Could you see the car in front of you even though it didnt have working lights? Can you prove their lights werent working?
You will likely be 100% at fault. They may throw 10% or so on the other person for no working lights.. but thats if they can even prove they werent working before the ax (the person may say "they were working fine- when he hit them they stopped working!)
2007-03-18 08:24:54 · answer #8 · answered by la428282 6 · 1⤊ 0⤋
If they can prove that his brake lights weren't working (actually you because the insurance company won't pursue it) than he may have partially contributed to the cause of the accident. Due to equipment failure he may have some responsibility.
Other than that, you're still pretty much at fault.
2007-03-18 16:04:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You were following too closely. You should always give yourself enough room to stop.
I do, however, hope that the other driver got cited for nonfunctioning brake lights.
2007-03-18 08:51:14 · answer #10 · answered by ? 6 · 0⤊ 0⤋