Question about rear-end automotive collisions and the law

[steve2470]

I'm asking this question, since I was recently in an accident. Yes, I got the ticket and was at fault. I know that under normal circumstances, the driver that "rear-ends" the driver in front of him or her is at fault typically, for following too closely or careless driving, etc.

Are there any circumstances where, if one "rear-ends" another driver, that they would not be at fault ? Thanks for your time.

[hedgehog]

1. Swoop and Squat.

Swoop and Squat. A suspect vehicle suddenly swoops in front of you and jams on the brakes, causing a rear-end collision. Often the suspect car has passengers who pretend to have painful back or neck injuries, even though the collision was at low speed. The driver and passengers then make large collision and injury claims against your auto policy, for example.






http://www.insurancefraud.org/staged_accidents.htm

[Pab Sungenis]

2. If the car in front backs into you at high speed

and your car isn't started.

[madinmaryland]

11. I was at a stop light and the car in front of me dropped their car into reverse instead

of drive and slammed into me. She was at fault.

[Lance_Boyle]

3. If you and the car in front of you are both stopped, eg at a red light

and another car hits you from behind causing you to hit the car in front of you, there should be no liability on your part.

[dmallind]

6. that happened to me, and was still assessed partial fault

I think the reasoning went that I should not have been close enough to the car in front to allow that (which would necessitate red light queues several hundred yards long, but hey).

[Lance_Boyle]

9. If you stopped braking or were idling without brakes applied when hit

then they may assess some liability. I believe this can be determined from "black box" data in the car. Also if you were stopped an inch or two from the car in front as opposed to 3 or 4 feet, you may bear some liability, although it would be tough to determine "adequate stopping distance" (the letter of the law) from zero MPH.

[michreject]

14. In MI you'd still get a ticket

I know this from actually being in one of those accidents.

[dmallind]

4. not an expert, but anecdotally

heard of a case of road rage where one car pulled immediately in front of the other and slammed on their brakes, deliberately causing an accident and trusting to the "rear end" truism to get the blame to fall on the other driver, and was thwarted by multiple eye witnesses testifying to the above. Unless you can prove the same (not just your word) or the car in front was reversing, I suspect you are SOL. Sorry.

[bemildred]

5. Only if the other driver did something demonstrably wrong.

In such cases, sometimes, blame is apportioned, instead of all being yours.

[A HERETIC I AM]

7. As the others have indicated, either a sudden stop or backing up....

by the other car are just about the only defenses when you hit another car in the rear.

Rear ending another vehicle typically means one thing;

You were too close.

[udbcrzy2]

8. If vehicle is a Toyota, you can claim the accelerator stuck n/t

[WinkyDink]

10. If you were in the middle of a 3-car collision.

[Historic NY]

15. It would make it proportional between the drivers.

Veh#1 to Veh#2 to Veh#3

I hit the back of an old 90's car with one of my classic cars did no damage to mind but smashed the plastic bumper on the other. The driver 92yoa stop at a stop sign, went ahead, stopped again and passed the stop line and stopped a third time. I hit her on the third time..as I turned my head to see if traffic was coming. My company paid for the damage and I wasn't dinged for it.

[madinmaryland]

12. If their tail-lights and brake lights are malfunctioning, and you were following

all the rules, that would make the driver who was rear ended at fault (i.e. they would be ticketed for a mal-functioning light).

[dtexdem]

13. I once had it happen to me: I had just parked and the car in the space ahead backed into me.

[shanti]

16. i had one of those accidents

as a teen driver. i made a left hand turn onto a street, heading into a gas station directly on the left, and had my turn signal on. the guy behind me apparently wasn't looking because as i was slowing to make that second quick left, he hit me. i got the ticket though and thought it was highly unfair. PO said that i "didn't signal", but that was not true. go figure. i think i got it because of my youth, but who knows :shrug: