Had an accident in work car - Rear ended but was it my fault?

Inactive

Hintza wrote: »

You are just making yourself look foolish now.

If you say so, but you obviously also have no idea of the rules of the road, at least I am 100% correct, if that makes me look " foolish " so be it.

Inactive

mattymoo wrote: »

Google staged motor accidents to see what Linas and Hintza are talking about.

I know all about " staged accidents " this was not one of them.

Hintza

Inactive wrote: »

If you say so, but you obviously also have no idea of the rules of the road, at least I am 100% correct, if that makes me look " foolish " so be it.

Oh Dear well here we go. How about a bit of case law.

Brown and Lynn v Western Scottish Motor Traction Co Ltd.
1945 SC31, 1944 SN 59, Ct of Sess


Thompson v Spedding
[1973] RTR 312, CA

Scott v Warren
[1974] RTR 104, [1974] Crim LR 117, Div Ct


And that hasn't even brought in staged accidents or accidents where brake lights are faulty.

Inactive

Be careful that you don't find anything too recent.. :rolleyes:

Proves nothing whatsoever I'm afraid.

Any

Hintza wrote: »

Oh Dear well here we go. How about a bit of case law.

Brown and Lynn v Western Scottish Motor Traction Co Ltd.
1945 SC31, 1944 SN 59, Ct of Sess


Thompson v Spedding
[1973] RTR 312, CA

Scott v Warren
[1974] RTR 104, [1974] Crim LR 117, Div Ct


And that hasn't even brought in staged accidents or accidents where brake lights are faulty.

Yes, the problem is, that in a real world the insurance company will not, I repeat WILL NOT chalenge it as it would prove extremely expensive to them.

You have to have some proof to be able to pursue the insurance company to go as far as to the court. I have been in some of these "100% situtations" before trying to defend my drivers and the insurance company will not do it.

And the driver in this case was simply too close. It wasn't staged. Noone was trying to catch him not paying attention, he simply wasn't paying attention.

mattymoo

Inactive wrote: »

Be careful that you don't find anything too recent.. :rolleyes:

Proves nothing whatsoever I'm afraid.

Age of the precedent is immaterial unless it has been superseded by a contrary decision in a higher court.

Donoghue v Stevenson 1932 still stands for instance, as does Rylands v Fletcher 1868.

Hintza

Inactive wrote: »

Be careful that you don't find anything too recent.. :rolleyes:

Proves nothing whatsoever I'm afraid.

My original comment was:-

But to say the guy behind is 100% at fault 100% of the time is not true.

Your original comment was:-

Agreed 100% the following drivers fault

All I have been trying to point out that although in most cases the driver behind is at fault there are instance when this is not the case.

If you want to carry on being obtuse then that is your perogative.

Takoda

Lot of 'bow locks' on this thread.

1) There was a corner which OP slowed down for an presumably the van driver didn't.

2) Van driver was not reading the road ahead - it is really easy to see if you are gaining fast on another car and to take evasive action.

3) Van driver's aggression shows he knew he was to blame and tried to intimidate the OP into admitting liability.

4) If you drive into the back of someone it is due to lack of observation/failure to read the road ahead/carelessness etc. Car ahead could've broken down or cut out or had a tyre blow out. Van driver was going too fast.

OP don't be intimidated - it wasn't your fault.

Jakg

While it's dodgy as hell the OP doesn't seem to have full proper control of the vehicle, I wouldn't say they were at fault - what if a small child ran out in front of the car - is it still 50 50 blame that the OP didn't just muller the kid?

LinasPilibaitisisbatman

Jakg wrote: »

While it's dodgy as hell the OP doesn't seem to have full proper control of the vehicle, I wouldn't say they were at fault - what if a small child ran out in front of the car - is it still 50 50 blame that the OP didn't just muller the kid?

No small child ran out in front of the car though. If they had the OP probably would have hit the accelerator and killed them

As for the accident. If the OP could drive and had driven off when they meant too rather than hitting the brake in error no acccident would have occurred.

Idiots like them regularly kill people for hitting the wrong pedal.