Some BS that happened this morning

[Apathy78]

On my way to work this morning I was traveling down a 45MPH 3 lane road (which is the main road here) in the left lane, when a car in front of me was moving very slow. I had to slow down to about 40MPH when the driver flipped me off! I of course flipped them off right back. Then I could not believe what happened next. The driver locked up there brakes! I was forced to do the same. That driver then made a left turn and I continued to go straight . A few years ago I would have followed that person and beat the shit out of them, however I decided at this point in time it wasn’t really worth it. So all I did was hit my horn and yell at them.

My question to you guys and I know there are some Lawyers out there; When the driver in front of me locked up there brakes, if I were to hit into them, who would have been at fault there?

My thinking is that even though I would have hit them in the rear, the other driver would be at fault as they slammed on there brakes for no reason. There was no one in front of them and we were not at a light.

I appreciate any thoughts you guys have.

 

[Infinity]

You don't need a lawyer to know that this law is cut and dry.
You are at fault no matter what the guy in front does.
You must travel at a safe distance behind any vehicle to
avoid this kind of incident.

Brian

 

[smokelaw1]

Well, let me preface this with I AM NOT LICENSED IN NC, AND AS SUCH, THIS IS "GENERALLY SPEAKING" KIND OF INFO, AND IN NO WAY LEGAL ADVICE:
In most states, the driver in the rear or a rear-end collission has to fight a presumption of liability. There are other factors, of course, that could (usually with witnesses) that makes this presumption rebuttable. Unfortunately, you might be determined to not have been travelling at a safe distance from them, and as such, unable to control your cehicle in a safe manner in an "emergency" stop.
Now, morally speaking, he would be 100% in the wrong, but legally, and liabilty speaking, it would be very, very unliekly that without witnesses you would escape at least partial (likely over 50%) blame. In some states, if you are over 50% at fault, you are left holding the bag.
Glad you didn't hit him. Also glad you didn't beat him to death. As a someone who has to carefully concentrate on his cigar so as to mitigate road rage on a daily basis driving to work surrounded by Massholes, I understand completely, though.

 

[Infinity]

There you go! See what you done,
You let the lawyer loose! :laugh: :laugh:

Brian

 

[boonedoggle]

Good thing we have so many attorney's in CP. I have to remember that if that manslaughter wrap comes back up.

 

[CasaSoho]

As a someone who has to carefully concentrate on his cigar so as to mitigate road rage on a daily basis driving to work surrounded by Massholes, I understand completely, though.

You had to take it there! :angry: BTW, what state did you get those sticks of ESG in? Are you the typer of CT'er that bandwagons on the Redsox, Patriots train? Maybe you're the type that so badly wishes he was a New Yorker. Go find your own idenity CT! :laugh:

 

[smokelaw1]

Oh, I forgot to add, that will be 300 dollars. You can pay in Anejos, though.

As a someone who has to carefully concentrate on his cigar so as to mitigate road rage on a daily basis driving to work surrounded by Massholes, I understand completely, though.

You had to take it there! :angry: BTW, what state did you get those sticks of ESG in? Are you the typer of CT'er that bandwagons on the Redsox, Patriots train? Maybe you're the type that so badly wishes he was a New Yorker. Go find your own idenity CT! :laugh:

Hey, Massholes are a subset of Massachusetians. Not everyone with Mass plates is a Masshole (just the one driving :laugh: ). Really, though, some of my best friends come from Mass, and less than half of them are Massholes.

And no, I'm a New Yorker who lives in CT. So there.

 

[Apathy78]

Thanks for the responses. It is unfortunate that someone can stop short in front of you, cause an accident and get paid because of it. I guess that’s why auto insurance rates are what they are because of people pulling this type of stuff.
I’ve heard some people say that if they think they are being tailgated they hit there brakes. I just can’t understand that type of thinking as nothing good can possibly come out of doing that.

 

[RPB67]

Its a he said she said in the insurance point of view. I hear this all the time from clients.

However the one that hit the one in the rear of the car is always wrong. Pretty tough to prove the brake lock up on the other party.

Here in Mass unfortunately you would have been wrong.

 

[PTownshend]

Hey now, I was an adopted Masshole for a little bit (when I was in Optometry school from 1990 to 1994. I'll tell ya something, I'll take a Masshole ANY DAY over some of the insanity I've dealt with in NYC and (gasp) Buffalo NY. Every city has its requisite amount of jerkoff drivers, and each has their own style. Mass drivers can drive and do so pretty precariously. NYC drivers are just plain nuts.

Those who live in Buffalo can't merge; can't seem to figure out what the center turning lane is for; can't seem to realize that when you pull into traffic you must look both ways before driving out; have too GODDAM many old crustaceans behind the wheel ("phantom drivers" as I like to call them - you know the ones.. you see hands but there's no head attached to a body!")

In the original case, if you hit someone from behind, its a tough thing to prove innocence; best to get around those buttholes and stay in the right hand lane with the rest of the buttholes! hahahaha

Boy, aren't you glad I'm an eye doctor only! :0

Darren

 

[Mrepp]

Basically what they all said, the only time I rear ended someone and it wasn’t my fault was in heavy traffic on a 2 lane road I had my distance she slammed on her breaks, I slammed on mine and her car simply was smaller and stopped faster. The only thing that saved me was she braked for a cat in the road and openly admitted it to the officer that came so she got the ticket. Usually I wont even break for people that do that, if there’s an open lane I just tare around them and keep going. Besides smokelaw I’d take Massholes over FIBS any day of the week. There just neanderthals who can drive.

 

[smokelaw1]

FIBS?
As for the Masshole comment, geez, guys, just joking around. On the stretch on 91 I'm on in the morning, peole FOR THE MOST PART stay the hell out of the elft lane if they aren't doing at least 80, so I don't have to slow down by more than 10 or 15 miles an hour...then USUALLY they'll get out of the way.
Once on surface roads in Springfield, though, it's whole other story...who gave these people licenses?

 

[Apathy78]

Here’s a ‘what if’ scenario;
What if there was a car behind me when this jack hole did that and they slammed into me causing me to hit into the original guy? Who’s fault would it be then? Would the guy behind me be at fault for both of our cars?
I normally hate ‘what if’ scenarios however, I am curious of the answer to this one.

 

[smokelaw1]

Are you a law school professor looking for a Torts exam question?
Again, the above disclaimer applies.
IF you were able to stop your car in time, and hence not be liable for not follwoing at a safe distance, but the person behind you was NOT able to stop, as such he WOULD likely be found/held by the insurance companies as liable. Then, he would be laible for all reasonably forseeable damages caused by his negligence, most likely. Again, depending on the state, the law, either codified or court/precedent made, will decide if and how the blame is seperated and what percentage of all of it would be assigned to each party.

 

[Mrepp]

FIB= Illinois drives, I wont go into detail on what the F and B stand for.

 

[Apathy78]

I assure you that I am not a Law school professor.
Seems to me like I just should have beat the shit out of the driver. :thumbs:



Just kidding.

I can see how it would be hard to prove that the driver braked for no reason and caused the accident where his car is hit from behind.
The whole situation could have escalated into a bad one. So I guess I should just be glad that nothing really came about because of it and go smoke a cigar.

Thanks for the responses again. It’s good to know what the possible repercussions could have been.

 

[BlindedByScience]

I drive about 28 miles one way to work, every day, on some of Porland's busiiest commutes. In the last twenty years or so, I've been rear ended four times, once bad enough to total my car (pushed me into the car in front of me, them into the car in front of them) and twice bad enough to require physical therapy....latest being a couple of months ago. Each and every time, I've been STOPPED, waiting for traffic (usually a queue for an exit or ramp) and some f#@king idiot realizes way too late "...whoa, dude, they are like, totally stopped...." and WHAM..!!!

Apathy78, I realize your situation was far different. Got to say there's nothing like having some asshole about 0.2" off your rear bumper while doing 60 and trying to maintain some distance to the car in front of you....with two other lanes they could easily go around you in. &^%$$%!@(*&^^%#$....!!!!

I have this evil fantasy - I'm going to buy a '78 Ford 350 series truck, modify it all the way around with 15" disk brakes with quad piston brake calipers with full anti lock, install a steel plate for a bumper, and load the ass end with cinder blocks. Tailgate me now, asshole..... :whistling:

Glad you weren't hurt - Thanks for the AM vent -

Regards - B.B.S.

 

[smokelaw1]

Got to say there's nothing like having some asshole about 0.2" off your rear bumper while doing 60 and trying to maintain some distance to the car in front of you....with two other lanes they could easily go around you in. &^%$$%!@(*&^^%#$....!!!!

If there are two other lanes open, what are you doing in the left? Left lane is for passing.

 

[BlindedByScience]

Got to say there's nothing like having some asshole about 0.2" off your rear bumper while doing 60 and trying to maintain some distance to the car in front of you....with two other lanes they could easily go around you in. &^%$$%!@(*&^^%#$....!!!!

If there are two other lanes open, what are you doing in the left? Left lane is for passing.

Why do you assume I'm in the left lane??..... Tailgating in PDX is a sport for some of these jerks.....

B.B.S.

 

[smokelaw1]

Got to say there's nothing like having some asshole about 0.2" off your rear bumper while doing 60 and trying to maintain some distance to the car in front of you....with two other lanes they could easily go around you in. &^%$$%!@(*&^^%#$....!!!!

If there are two other lanes open, what are you doing in the left? Left lane is for passing.

Why do you assume I'm in the left lane??.....

B.B.S.

Touche. Sorry for the wrongful assumption. Tailgaiting in the middle lane with an open left pisses me off to no end. Whenever I even HEAR of aggro guys that close to someone, I assume they are in the left. Tailgating in the middle lane with an open passing lane is just stupid, if I'm going to slow for you, just pass me!