Wrong also, if you cut someone off and there's proof then it will be your fault, you'll get cited for unsafe driving and no attempt to dodge an avoidable accident. However this wasn't the case so I'm sure everything will get sorted out.

 

If what you said is true, then that's definitely fcked up for the police to say your gf is at fault. But I doubt if there'll be any problem though. How do these fcked up cops get hired these days anyways..? Nepotism??

 

[QUOTE=CosmosMpower,Nov 23 2007, 02:45 PM]Please tell me you're joking.

 

Sorry I don't agree and what kind of idiot would rear end a stopped car? Someone at fault because they're weren't paying attention. TADA!!!

 

I actually had someone do that to me. Well, they didn't back up, but they signaled a right turn, from the right lane of a divided (but not limited access) highway, then as I was about to pass, legally, in the left lane, they swerved suddenly into my lane, and nailed their brakes. The impact stopped me so suddenly that the car behind me didn't have time to stop either, and slammed into the back of my car. The moron who cut in front of me was found to be at fault, and had to pay for the repairs on both my car and the car that hit me, including the damage that was done to my car by the other car.

You may get awan with that kind of thing in some states or in some cases, but don't count on it. In Georgia you are at falut by default if you rearend someone, but that fact and law didn't help the lady I hit one bit.

You might get away with it if there are no witnesses and you lie about what happened, but don't assume that becaue you got hit from behind you can't be found at fault. That simply isn't the case.

 

Can't agree with you there. The onus is on the following vehicle to maintain a safe distance and speed. If you don't go, it could be because you a) see something that would keep you from proceeding safely (someone going through the intersection, for instance), b) are not ready or are unable to go (perhaps your car isn't working properly), or c) you just like to leave a bit of space betwen your vehicle and the one ahead of you so that you don't rearend them.

Going and then stopping (for no reason) would be the closest thing to what you're saying and even then, it's up to the person following you to maintain a proper distance. Bottom line - very rare for the person leading to be at fault.

 

[QUOTE=Riceboi,Nov 23 2007, 07:03 PM] ... what kind of idiot would rear end a stopped car? Someone at fault because they're weren't paying attention.

 

I have yet to see someone who got rear ended be found at fault unless they were changing lanes abruptly without signaling, and even then it's shared liability.

 

I know s2ks are beautiful in all their glory, but it's still his fault for not paying attention.

 

You can't make it any clearer than that.

To be hit from behind and held at fault, you have to do something really stuipd, and it has to create a situation that makes the accident unavoidable. In fact, the person who hits you is usually going to have to *prove* that you made the accident unavoidable, so when you're rear ended, you start out holding all the cards, no matter how it happened. BUT, if you cause an accident through eratic driving, it doesn't matter much where you're hit. If you're rear ended, the other driver may have to prove you were driving eratically, but if he can prove that your actions actually caused the accident you'll be found at fault (unless of course you live in a no-fault state).

It is always best to err on the side of caution. Always try to find witnesses at the scene, and get their names and contact information. Some jerk could have come out of the blue, and run into the back of your car for no apparent reason, but you can't be sure that the guy who hits you isn't going to show up in court with three or four of his buddies who are ready and willing to lie about seeing the accident and the way it happened. When you're hit from behind, the guy who hits you is usually ticketed, and if he fights his ticket using unethical tactics, it could reflect on your insurance settlement. Better to have all your ducks in a row, just in case you run into someone who doesn't want to accept responsiblity for their mistakes. I've had this happen to me too, and it's NOT fun.