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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Default Driver Liability for Stopping Abruptly, in California

    In CA

    I will explain how this accident happened:

    I was driving down a two lane road that goes to a stop light and the continues as a two lane road then merges into one. There was a truck in one lane stopped at the light but it turned green and I drove through without stopping. I was in front of him and was about to merge into the single lane when I saw him speeding up to cut me off. I was in a situation where in a split second I either had to speed up to complete the merge or slam on my brakes so I could merge behind him and I chose to speed up.

    This had him angry and he was tailgating me for the next half mile. It was in a 45 mph zone, and I was traveling 50mph and he was approximately 10 feet behind me.

    I flashed my brake lights at him without slowing down, after which he flashed his brights at me and held them, blinding me. In a panic (I couldn't see and was upset), I slammed on my brakes and he crashed into me.

    When the officer filled out the report, he told me he has ten days to complete the investigation, but he feels that we are both at fault. He says he was at fault for following too closely, and I was at fault for stopping abruptly.

    I have never heard of this violation before and do not see how this can be my fault. If he wasn't following too closely I could have stopped and he never would have hit me, but since he was the accident happened.

    I have little to no tolerance for people who drive like this because I witnessed an accident where a lady's car was almost pushed off the side of a highway overpass (35 foot drop) because a car was following too closely and crashed into her when she braked.

    How much fault can I really be assigned for this accident?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,031

    Default Re: Driver Liability for Stopping Abruptly, in California

    The officer didn't say it was all your fault - the officer opined that the accident was partially your fault because you slammed on your brakes inappropriately, precipitating the accident.

  3. #3
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Driver Liability for Stopping Abruptly, in California

    Quote Quoting Mr. Knowitall
    View Post
    The officer didn't say it was all your fault - the officer opined that the accident was partially your fault because you slammed on your brakes inappropriately, precipitating the accident.
    Can I be held liable for damages to his car?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Driver Liability for Stopping Abruptly, in California

    You mean, if he makes a claim with your insurance company, or if he tries to sue you?

  5. #5
    Join Date
    Aug 2007
    Posts
    8

    Default Re: Driver Liability for Stopping Abruptly, in California

    Quote Quoting aaron
    View Post
    You mean, if he makes a claim with your insurance company, or if he tries to sue you?
    I don't have insurance...I forgot to mention that but that is why I am in this forum. But yeah, can I be held liable for the damages to his car?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Driver Liability for Stopping Abruptly, in California

    If he sues you, the court will attempt to determine how responsibility and damages should be apportioned, based upon the evidence presented in court.

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