How can someone NOT be liable if they hit someone fro behind in a traffic accident?

Question

I got in a fender bender the other day and I know the other driver's insurance company will try to hold me as liable.

They say that with most situations the person who hits from behind is always resposible (which i think is BS) how can that be true, how can one contest that?

The situation:
Driving during 5 pm traffic, not too much traffic on the freeway, I was going about 50-55 mph.

When the guy way ahead of me all of a sudden slammed on his brakes!

note: I was NOT following close behind him, i had a good
6-8 car lenghts inbetween us.

I tried to brake, but it was kind of on a down slope, it was too late and boom.

No injuries

He says he slammed on his brakes because the person in front of him slammed on theirs.

Police were involved, his boss (he was driving a work trucka) told him he had to get the report.

Dont tell them, shhhh but I think something is wrong with my brakes.

Damnit! Well thanks, very thorough answers.

Answer 1

The law says you have to drive with due care and attention to your surroundings; so you have a duty to be able to stop if this exact situation happens. That means leaving plenty of space between you and the car in front.

The only situation where this would not be your fault is if the person swerved in front of you and immediately applied his brakes to try and cause an accident - this is a actually a common insurance fraud. However, the insurance investigators are pretty good at spotting this activity.

Answer 2

This is determined by state law. Were the police involved? Some states indicate if you rear end someone you are 100% liable. Other cases/states, it can be 50/50 or, 20%/75%, whatever percentage the police feel your involvement was what caused the accident. Ultimately, you had him in front of you, he didnt have the ability to control you from NOT hitting him and you are going to bear the brunt of the liability. You could have swerved or been paying better attention to break harder/faster...I know it completely sucks, but its the way it is. I was in a similar situation (due to light rain) i rear ended someone at a yellow light who decided to stop instead of going thru the intersection (in WISCONSIN) and the liability was like 90% of my fault and 10 % of the other persons :(

Answer 3

Sorry, you are responsible, that is how it works, when driving you HAVE to stay far enough behind that if the car in front stops you can stop before you hit them, so if he hit them, you were not staying far enough back, I will assume your reaction time was slower than normal if you could not stop in 8 car lengths at 55 mph.

but you will be held liable, there is nothing you can do to get out of this,

Sorry not what you want to hear but this is how the rules on accidents work, and the liability of it.
If there was ice on the road, sometimes they let it go, but that may be the only exception

Answer 4

IN THEORY....this shouldn't have happened because no matter what you say, you should have been at enough of a distance and paying attention so that you could stop no matter what the person in front of you does.

did you get a police report? why did they slam on their brakes?

if it's worth it enough to you, with a police report and PROOF that this person had no reason to slam on their brakes from going 50 mph on a highway and that they had some other alternative like veer to the shoulder....you could have a case.

you have to outweigh the cost of the damage VS the court costs if you fight it.

i don't think you could do it without a lawyer and what not....the law is the law an although there are some exceptions, it doesn't sound to me like this is one of them.

Answer 5

sorry bud you are at fault. the only way you arent liable when you hit someone from behind is if the car in front of you is going in reverse and hits you. as a driver you are supposed to be aware of everything on the road at all times.

Answer 6

In this situation, you are liable. Either you were following too close, driving too fast, or not paying attention. Unless the other driver performed an illegal lane change, which does not appear to be the case, you are liable for damages to their car.