2007-04-24 06:02:26 · 16 answers · asked by crisdeee 3 in Cars & Transportation ➔ Insurance & Registration
No. It is PRESUMED to be the fault of the person hitting the back of the other car. However, evidence can be presented to the contrary. If you stop suddenly and your brake lights aren't working, then it is YOUR fault if someone runs into the rear end of you. Also, if you pull out of a parking spot suddenly in front of someone on the street, and they run into the back of your car, that's not their fault either. Those are just two examples.
2007-04-24 06:05:37 · answer #1 · answered by MOM KNOWS EVERYTHING 7 · 2⤊ 0⤋
Nah. It is a "general rule" for when you're out driving. The though on this is that the other person was "following too closely, and should have had control of their vehicle." However, there are always exceptions. Here's one that I saw happen:
A driver stopped on a highway to make a left turn into a car dealership. To make the left, the driver had to cross a double-yellow line. Also, the turn was just over the top of a hill, so you can't tell what's on the other side until you're at the top. It turned into a 4-car pile up. Someone crested the hill and hit him. Then the 2 cars that were tailgating the first guy also wrecked. Basically, the guy who wanted to make the left turn caused the accident, although he was rear-ended. He stopped in a stupid place, and he tried to cross a double-yellow. He should have went down the road about 1/4 mile to the light, made a u-turn, and then went back to the dealership. But since he was too lazy to do that he caused a 4 car wreck, and cost thousands of dollars.
Nope, it's not "their fault no matter what." There are are always circumstances that must be considered.
2007-04-24 13:10:56 · answer #2 · answered by Lamont M 3 · 0⤊ 0⤋
It depends on whether you were stopped or not. If you backed into someone it is your fault. If you purposely slammed on your brakes to make someone rear end you it is your fault, if it can be proved. Some insurance companies can also find you at fault if you had the ability to drive off to avoid getting hit. Especially if you get hit at a red light and the intersection was clear, or in a turning lane and there was not oncoming traffic in the opposite lanes. The insurance companies will find anyway to keep from paying you money. Even to the extent of finding you 15% at fault like me.
2007-04-24 13:10:33 · answer #3 · answered by naskat48 2 · 0⤊ 0⤋
In 90% of all cases this is true. You have to realize that a driver cannot do anything about a vehicle behind them. That being said the only way the other 10% is true is if there are witnesses that can attest to the fact the car in front did some type of manuever that prevented the rear car from being able to avoid hitting them.
Hope this helps.
2007-04-24 13:08:14 · answer #4 · answered by wrkey 5 · 1⤊ 0⤋
In almost all circumstances that is true. Generally, the only time the person committing the rear end at fault is if they themselves were hit by another car and pushed into yours. The idea is that, even if you (the person in front) stopped suddenly, it was their responsibility to maintain a safe stopping distance. Note, however, that there are some variances in this rule (as with all other driving rules) state to state.
2007-04-24 13:07:21 · answer #5 · answered by Qwyrx 6 · 0⤊ 2⤋
No, not "anytime". If you are backing up, your fault; if you slam on your brakes and your brake lights don't work, your fault. If you have violated a traffic control device and that is why you are in the position to have the accident, your fault...that's why the officer at the scene has to evaluate the accident scene and gather witness information.
2007-04-24 13:12:47 · answer #6 · answered by Jim 5 · 0⤊ 0⤋
No. Generally, they will be held accountable, but there are other factors that get taken into account (like whether or not the car in front had working brake lights).
2007-04-24 13:06:44 · answer #7 · answered by mikah_smiles 7 · 1⤊ 0⤋
No, if you back into them, it's your fault. If you pull in front of them at 65 or so, and slam on your brakes, it's your fault. Those are a few examples.
2007-04-24 13:08:09 · answer #8 · answered by oklatom 7 · 1⤊ 1⤋
Yes they should be a safe distance from the back of you to be able to stop if you break so they don't go into the back of you. Im in the uk
2007-04-24 13:07:27 · answer #9 · answered by sexyass 3 · 0⤊ 1⤋
in theory if someone rear ends you then it should always be their fault. last year someone rear ended me and somehow i got the blame... so go figure. so no, it's not ALWAYS the fault of the rear ender.
2007-04-24 13:07:07 · answer #10 · answered by Anonymous · 1⤊ 0⤋