We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
Car hit me from behind. He said it was my fault
Comments
-
Looks like there's still plenty on here perfectly happy with the person behind always being the guilty party.
Attention any accident scammers, you have the green light (snigger) to continue.0 -
Forget it's a roundabout. It is a traffic light controlled junction.
So why was the following car looking to their right, as there is no need, you look at the lights & traffic in front.. Unless they saw the lights changing and made the poorly calculated risk that.
A. driver in front would go through. (opps they did not)
B. That there was enough of a gap for them to get through before the traffic on the right got to them.
Life in the slow lane3 -
born_again said:Forget it's a roundabout. It is a traffic light controlled junction.
So why was the following car looking to their right, as there is no need, you look at the lights & traffic in front.. Unless they saw the lights changing and made the poorly calculated risk that.
A. driver in front would go through. (opps they did not)
B. That there was enough of a gap for them to get through before the traffic on the right got to them.Jenni x0 -
Grumpy_chap said:Clive_Woody said:Mickey666 said:It's difficult to envisage a situation where driving in to the rear of another vehicle can be the fault of the driver in front.
eg
Mohammed Azam, 47, Husnain Ahmed, 22, and Sufyan Lone, 24, all from Birmingham, each pleaded guilty to fraud by false representation and were jailed.
The force's Insurance Fraud Enforcement Department (IFED), which investigates such scams around the country, said the vehicle directly in front then carried out an emergency stop, which caused the collision.
https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-48584360
1 -
Jenni_D said:born_again said:Forget it's a roundabout. It is a traffic light controlled junction.
So why was the following car looking to their right, as there is no need, you look at the lights & traffic in front.. Unless they saw the lights changing and made the poorly calculated risk that.
A. driver in front would go through. (opps they did not)
B. That there was enough of a gap for them to get through before the traffic on the right got to them.
If I'm approaching a junction and my lights are green, I'm not looking ahead only - that seems like very bad advice!
I'm also checking the stationary traffic to the right in case there's an emergency vehicle or a nutter, I'm not just sailing through them without a care.
If I'm approaching my lights and they're red, I'm not giving a damn about what's happening to my right.2 -
BOWFER said:Looks like there's still plenty on here perfectly happy with the person behind always being the guilty party.
Attention any accident scammers, you have the green light (snigger) to continue.
An emergency stop is a perfectly standard occurrence and is explicitly tested for in the driving test, so if someone did fall prey to such scammers it would have to be proved that there was no reason for the scammers to do an emergency stop. Did you not see that dog that ran out in front of the car you just rear-ended?
Fact is, emergency stops can happen and a following car would be at fault for not leaving sufficient space to stop. What other defence is there?0 -
Sandtree said:Mickey666 said:It's difficult to envisage a situation where driving in to the rear of another vehicle can be the fault of the driver in front.0
-
Mickey666 said:BOWFER said:Looks like there's still plenty on here perfectly happy with the person behind always being the guilty party.
Attention any accident scammers, you have the green light (snigger) to continue.
An emergency stop is a perfectly standard occurrence and is explicitly tested for in the driving test, so if someone did fall prey to such scammers it would have to be proved that there was no reason for the scammers to do an emergency stop. Did you not see that dog that ran out in front of the car you just rear-ended?
Fact is, emergency stops can happen and a following car would be at fault for not leaving sufficient space to stop. What other defence is there?
And people have been convicted for doing it.
So as much as you think it should always be the person behind's fault, the law (thankfully) now disagrees with you.
I would suggest your 'phantom dog' scenario is dealt with by cameras and that's how the scammers get convicted, when it's clear they slammed the brakes on for nothing.
0 -
A couple of other oft-cited examples...
https://www.true.co.uk/case-studies/common-scenarios-for-split-liability-contributory-negligence/Gusman v Gratton-Storey (1968). The defendant was driving on a country road in daylight and applied her brakes violently in order to avoid hitting a pheasant. The claimant was driving close behind and ran into the back to the defendant’s car. The judge found the defendant 100% to blame for braking and swerving to avoid a pheasant when there was a car behind.
Elixabeth v Motor Insurer s Bureau (1981). A motorcyclist struck the rear of a van that had braked suddenly for no apparent reason. The court found that sudden braking for no apparent reason was evidence of negligence and, on that basis, found the van driver 100% at fault for the accident
1 -
BOWFER said:Jenni_D said:born_again said:Forget it's a roundabout. It is a traffic light controlled junction.
So why was the following car looking to their right, as there is no need, you look at the lights & traffic in front.. Unless they saw the lights changing and made the poorly calculated risk that.
A. driver in front would go through. (opps they did not)
B. That there was enough of a gap for them to get through before the traffic on the right got to them.
If I'm approaching a junction and my lights are green, I'm not looking ahead only - that seems like very bad advice!
I'm also checking the stationary traffic to the right in case there's an emergency vehicle or a nutter, I'm not just sailing through them without a care.
If I'm approaching my lights and they're red, I'm not giving a damn about what's happening to my right.
I think you are both making the same point, though I think Jenni is phrasing it from the perspective of someone approaching a red that turns green rather than a green that turns red.
No matter what the state of traffic was like, the light turning to red means the following driver should have stopped.
1
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.7K Banking & Borrowing
- 253K Reduce Debt & Boost Income
- 453.4K Spending & Discounts
- 243.7K Work, Benefits & Business
- 598.5K Mortgages, Homes & Bills
- 176.8K Life & Family
- 256.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards