Here goes the story. I was heading to work. The road conditions were normal, it was a sunny day around 5 PM (Rush Hour).
We were headed southbound on a 3 lane highway.
Traffic was moving about 35 - 40 miles per hour.
Next thing I know the guy in front of me slams on the brakes, but his brake lights do not come on.
So I slam on my brakes but unfortunately it was to late and I slammed into the back of him.
There was 5 cars involved in the crash including me all in a straight line.
When the cops arrive, I notify them that his brake lights come on, he ignores it for the time being. So I tell some of the other drivers and a couple of them go to check the lights and they see they are not working. So again I go and tell the cops this but they completely ignore the fact.
They cite me with the ticket and even let the guy with no brake lights drive away.
Is there a way I can fight this to prove that I was not at fault??
The accident happened in Maryland
2007-08-07 21:13:24 · 12 answers · asked by Question Maker 2 in Politics & Government ➔ Law & Ethics
for the most part when ever you hit someone in the rear it will be your fault. more than likely there is no way to prove the lights did not work since you hit him. even if you did almost all state laws put you at fault since you did not give enough room to avoid the accident.
2007-08-07 21:23:52 · answer #1 · answered by yakitismak 3 · 1⤊ 1⤋
In my state the law for rear enders says that even if the car's brake lights are not working, the person who runs into that car is primarily at fault. You are supposed to be far enough away from the car in front of you to stop in time even if their brake lights aren't working.
Call a lawyer who will be willing to tell you want the law in your state says. Many of them will consult with you for free over the phone for 10 to 15 minutes.
Did you get the contact info for the other drivers? If so ask them to write a short statement saying that the car ahead of you had no brake lights.
Unless the law is radically different in Maryland than from my state, I don't think you can prove this was not your fault. You might be able to reduce your responsibility if you can show he had no brake lights. The insurance company might say you were 60% to blame and the other car was 40%, for example.
Isn't your insurance company helping you with this? You pay them premiums---that's what you pay them for---help when you get into an accident. Call a lawyer until someone will talk to you and bug your insurance company.
2007-08-15 16:05:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It is your fault because you hit him from the back. 9 times out of ten thats your fault regardless in the eyes of the law. The reasoning would be that if you were following the proper distance which is about 1 car length for every 10 miles of speed, Thats about the average of the entire country. So 70 mph would be a distance of 7 cars which is probably about 161 or so feet gve or take 5 or so. At that distance you would see the gap between the cars close with better perspective thus encouraging you to press the brake with more force @ an earlier time.
Now I dont know Maryland Law but in most cases the aforementioned is correct. Below are some links to a google search and maryland specific sites.
2007-08-07 21:32:30 · answer #3 · answered by rjaybeezy 1 · 1⤊ 1⤋
Yes, and they frequently do. Even if they don't use the word "fault" they will often explain how the accident happened, e.g. "Car 1 was traveling too fast to stop in time". Therefore, car 1 was at fault. It certainly is not the insurance company's job; they have a strong interest in concluding that their insured driver was not at fault, regardless of what the evidence says.
2016-05-21 04:51:46 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Maryland, Mongolia, or Mars, I think you'll find that its all the same. You failed to stop, you hit him, you are at fault.
Had you been pushed into him by the car behind you, you might have a case against that driver.
True, he should also have some hassle for his non-functioning lights. The problem is, it doesn't absolve you from your "lack of attention".
Have a nice day.
2007-08-15 20:07:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well, technically it is your fault. It is your responsibility to be in control of your vehicle at all times...if you hit another car, you are not in control of your car. It totally sucks, but if you hit him from behind, he could say that the lights were not working because he got hit. Sorry, but you are at fault according to most state law.
2007-08-07 21:17:47 · answer #6 · answered by Heather 5 · 1⤊ 1⤋
It actually depends on what is the law there.What did the citation say and are you automatically at fault because he was hit from behind. You nd to check and it is up to you if you feel you have a chance. then fight it. .....bettyk
2007-08-15 19:25:12 · answer #7 · answered by elisayn 5 · 1⤊ 0⤋
anytime u hit someone from behind it is ur fault! sorry! but if his lights werent working properly then he should get a ticket 2!
2007-08-15 19:35:39 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If you hit him then you were following too closely. I know it sucks if their brake lights were out, but that's what they say.
2007-08-07 22:35:43 · answer #9 · answered by Flatpaw 7 · 0⤊ 1⤋
If you'd been driving at the appropriate distance for your speed, you'd have been able to stop on time. You were at fault.
2007-08-07 21:22:23 · answer #10 · answered by Anonymous · 0⤊ 2⤋