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

Pew_Pew_Pew_Lasers!

LinasPilibaitisisbatman wrote: »

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.

Actually its idiots like the van driver, who don't pay enough attention and who don't take enough care to ensure that they're able to stop in the distance they can see to be clear ahead, that are the danger.

You go on believing your fairy stories though. Anyone with an ounce of sense can see that you're talking out of your backside.

Jakg

LinasPilibaitisisbatman wrote: »

No small child ran out in front of the car though.

And the Van driver knew that - how?

Yes the OP's car control is worrying - but what is the braking was a mechanical failure etc? If the brakes seize - it's certainly not the OP's fault...

gaz_jones

Cheers for the replies everyone. Glad to see the majority of you think it wasn't my fault.

As for Linas saying the control I had over the car was worrying. I admit it was a stupid mistake but it was a split second decision in a sticky situation. This was the first time I'd driven an auto for 3 1/2 years. I was about to be rear ended and my brain kicked into 'get myself the hell out of this situation' mode. I admit thats no excuse but thats what happened.

I feel myself an above average driver usually and I have taken a number of IAM driving courses.

I pressed the brake by accident in an emergency situation. And thats exactly what hapened, an accident. Accidents do happen.

After reading the replies on here and speaking to our HR lady I am not going to acept liability. I am going to put that I do not know who was liable and let the insurance company sort it out. Thats what we pay insurance for I guess.


The guy that hit me rang my work phone yesterday and said 'Just making sure you remembered to claim liability and I won't have to come and see you after work'. So I just said 'I have told the truth about what happened (clutch etc..) and the insurance company will have to sort it out.' He then just hung up.

I will report all this to the police aswell. If he rings again I will let him know that I have contacted the police and they have advised me to not talk to him.

cyclonebri1

LinasPilibaitisisbatman wrote: »

No it isnt because the OP has admitted that they went to move off from the junction and braked instead due to their own bad/dangerous driving.

Yes the other party should have been able to stop in time but likewise they shouldnt have to expect the person in front didnt know how to drive their car.

If the OP is honest with the insurers I will bet they do a 50/50 settlement.

In the vast majority of cases its the rear drivers fault but this isnt automatically always the case. There are issues of people deliberatly slamming on brakes to cause accidents.

You need to remember the old addage;

Expect the unexpected;)



(No one expects the Spanish inquisition either)

Chippy_Minton_2

gaz_jones wrote: »

I feel myself an above average driver usually and I have taken a number of IAM driving courses.

I pressed the brake by accident in an emergency situation. And thats exactly what hapened, an accident. Accidents do happen.

This was no accident, it was a collision. The term accident was removed from collision reporting as it suggested no one was to blame. There is clear evidence in this car of errors by both parties.

IAM, call yourself an above average driver. LMFAO:rotfl:

Careless Driving: Standard falls below that of a competent driver.
Dangerous Driving: Standard falls far below that of a competent driver.

Most would expect a competent driver not to mistake an automatic brake pedal for a clutch, after all it is twice as wide.

I'd be careful if I were you as this could go knock for knock.

negg

Some automatics actually have three pedals - the left pedal being the 'handbrake' (although usually higher and further to the left, I have hit this once in an auto - fortunately at about two miles per hour in a petrol station! Never did that again!).

However, if the van ran into the back of you - it is the van drivers fault. You have every right to stop (except on a motorway). What if your engine had seized? You would stop. What if the engine had stalled? You would stop. What if....

It is up to the driver behind to leave the highway code stopping distance and if you were to blame for 'careless driving' then surely the same should apply to the van driver.

Chippy_Minton_2

negg wrote: »

However, if the van ran into the back of you - it is the van drivers fault. You have every right to stop (except on a motorway).

Top of the slip road so he may have still been under motorway regs.

gaz_jones

Chippy_Minton wrote: »

Top of the slip road so he may have still been under motorway regs.

The lane to the right of my lane (going round the corner right) were stopped at traffic lights so I don't think it will have the same rules as on the motorway. Good point though.

Chippy_Minton wrote: »

IAM, call yourself an above average driver. LMFAO:rotfl:

Careless Driving: Standard falls below that of a competent driver.
Dangerous Driving: Standard falls far below that of a competent driver.

Most would expect a competent driver not to mistake an automatic brake pedal for a clutch, after all it is twice as wide.

I'd be careful if I were you as this could go knock for knock.

As I said before I didn't 'mistake' the brake pedal for a clutch. My instincts kicked in and I just went for the clutch. I very quickly realised it wasn't there.

I'm sorry if I don't conform to your perfect driving. I'm afraid I'm a human and humans do make errors. It just happens that when I made my error a van driver was too close behind me. You have never made a mistake and thought 'if another car had been around that could have been a lot worse'?

Chippy_Minton_2

gaz_jones wrote: »

The lane to the right of my lane (going round the corner right) were stopped at traffic lights so I don't think it will have the same rules as on the motorway. Good point though.

Until you pass the blue motorway sign with the red line through exactly the same rules.;)

Chippy_Minton_2

gaz_jones wrote: »

As I said before I didn't 'mistake' the brake pedal for a clutch. My instincts kicked in and I just went for the clutch. I very quickly realised it wasn't there.

I'm sorry if I don't conform to your perfect driving. I'm afraid I'm a human and humans do make errors. It just happens that when I made my error a van driver was too close behind me. You have never made a mistake and thought 'if another car had been around that could have been a lot worse'?

Had you made such an error on a driving test you would have failed. You and the van driver made serious errors here.