Hypothetical situation...

Following on from a separate thread where someone stated it is automatically your fault if you rear end a vehicle, I would like to put a scenario over and ask your opinion.

My person thought. There could be a varity of reason's why the fault could be given to the vehicle in front.

For example on the way home last night in the car I was following a car which was towing a caravan on a 60mph stretch of road. The light was just about beginning to fade. It was only when I almost drove into the back of the caravan as it made a right turn in the road, did I see the 'sign' on a piece of white paper written in thin black ink which stated 'Caution, trailor has no working lights'. Had I driven into the back of the trailer who would have been at fault? My person opinon is the idiot in front would have been, and am sure there probably other scenario's where by the person doing the rear ending would not be to blame.

Discuss...

[Stu]

I think no lights would definitely be contributory negligent - not sure it would absolve you 100%.


I crashed into a car in front because it had crashed into the car in front of it. I contested that it was at fault for crashing thereby reducing my braking distance. Not sure if I would win that argument (didn't really pursue it as my car was not damaged)

My car got written off by someone rear ending me and I expected at 50/50 as i had my work boots on and caught both the clutch and brake at the same time.
Insurance company stated no that the fault would lie with the person behind as regardless of any situation you should leave yourself enough distance. Just one insurers view though

[fizzwheel]

Originally Posted by Stig_Of_The_Dump

am sure there probably other scenario's where by the person doing the rear ending would not be to blame.

Discuss...

I hit the back of a Metro several years ago.

The driver was sat in a hatched out section of road marked out for turning right, with brake lights on and right indicator going.

I saw her sat there and backed off the throttle a little bit. Just as I did this, she decided she didnt want to turn right anymore and still with her right indcator going pulled back across into the main carrigeway leaving me with nowhere to go. I braked hard, tried to steer around her but I hit the back of her car. If she had left her move any later she would have driven into the side of me.

Insurance company decided it was her fault as she admited at the scene she hadnt been paying attention, she said at the time she hadnt looked in her mirrors and was distracted and not thinking about what she was doing...

Regardless of situation should be dependent on other road users abiding by the law surely. Towing a vehicle with no lights, brake lights or being able to indicate in anyway a change of speed or direction surely has to have them at fault? They should not have even been on the road?

[Drew Carey]

It is my understanding that as the vehicle behind, you are always counted as responsible for keeping the neccesary distance away from said vehicle should an incident occur.

The car should not have been towing the trailer knowing the trailer was illegal IMO. So I think in this instance the claim would be against the towing combo. However, the combo's insurance company may decline to pay as their client wasn't legal, so you may have to persue via small claims court, or they may pay up and then take him to court themselves.

And of course I am forgetting my own experience. A car pulled out of a turning on the opposite side of the road, crossed two lanes of traffic and ended up directly in front of me. I rear ended him and broke my collarbone. He was given 100% fault as well.

[CheGuevara]

I'd say that in the scenario you put forward it should be shared blame. He's an idiot for knowingly having faulty lights, but there has got to be some responsibility for the following vehicle to maintain a safe distance (which it seems you did manage to do, even if it was a near miss). I think that as a motocyclist, any of us who have been at it for a long time have either learned to anticipate the unexpected, or have been very lucky.

I find that tailgating is a bit chronic in this country though, and it has become my #1 pet peeve while driving. It's strange because I find that in town, most people seem to drive with a good deal of care and courtesy, but it all seems to go out the window when you hit the motorway.

[Stu]

Originally Posted by fizzwheel

I hit the back of a Metro ...

Should definitely be let off for that

Originally Posted by Stig_Of_The_Dump

Regardless of situation should be dependent on other road users abiding by the law surely. Towing a vehicle with no lights, brake lights or being able to indicate in anyway a change of speed or direction surely has to have them at fault? They should not have even been on the road?

yeah you're probably right as long as it was a contributory factor of the accident

Originally Posted by Drew Carey

It is my understanding that as the vehicle behind, you are always counted as responsible for keeping the neccesary distance away from said vehicle should an incident occur.

except where someone changes their position to get in front of you when it's not safe. (Fizz above) You obviously can't just pull in front of someone and because they hit you in the rear it's their fault.