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  1. #1
    Join Date
    Feb 2019
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    Washington State
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    Default Rear End Accident Intentionally Caused by Driver in Front

    Hello, I am trying to find information for my brother who was recently involved in a rear end accident here in Washington State. This accident occured on the freeway traveling at 60 mph (in the far left passing/fast lane). The person driving the vehicle in front of my brother came to a sudden and unnecessary stop just as my brother was preparing to change lanes in order to go around that car. Needless to say my brothers vehicle clipped the rear bumper of the car in front of him. The police arrived on scene and questioned both drivers. The officer told my brother that the driver in front of him stated he stopped his vehicle on the freeway to "teach him (my brother) a lesson". So, of course, my question is could that statement possibly shift the fault and liability to that person who admittedly intended to cause the accident? That driver did receive a reckless driving citation and my brother was cited for following too close. Thank you in advance for your time and advice. It is very much appreciated.

    Thank you.
    Leslie

  2. #2
    Join Date
    Jul 2010
    Posts
    7,606

    Default Re: Rear End Accident Intentionally Caused by Driver in Front

    That statement could work against the other driver. The problem is, he is going to deny ever saying it.

    Did the officer document it in his report? Was the officer wearing a bodycam that might have recorded the statement?

    Your brother will probably still have some fault assigned for following too closely.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,959

    Default Re: Rear End Accident Intentionally Caused by Driver in Front

    Quote Quoting Strabrylvr
    View Post
    So, of course, my question is could that statement possibly shift the fault and liability to that person who admittedly intended to cause the accident?
    Partly. But look at it this way. If the other driver had suddenly stopped because a child or dog ran out, or there was another accident up ahead, and your brother hit him, who would be 100% at fault? Your brother, of course.

    That the other driver admitted (if the admission can be proven) to intentionally stopping to teach your brother a lesson (brake checking) reduces your brother's liability a bit but not much. I'd give your brother 80% of the fault for riding the guy's tail.

    By the way, there's a contradiction in what you wrote:

    Quote Quoting Strabrylvr
    View Post
    The officer told my brother that the driver in front of him stated he stopped his vehicle on the freeway to "teach him (my brother) a lesson". So, of course, my question is could that statement possibly shift the fault and liability to that person who admittedly intended to cause the accident?
    The other driver may have admitted to stopping but I doubt that he said he "intended to cause the accident." That's your hyperbole.

    By the way, regardless of the details or what is on the police report, the other driver's insurance is free to seek 100% recovery from your brother.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,414

    Default Re: Rear End Accident Intentionally Caused by Driver in Front

    Quote Quoting Strabrylvr
    View Post
    my question is could that statement possibly shift the fault and liability to that person?
    In the abstract, virtually anything is possible. Your brother should make sure to get a copy of the police report and provide it to his liability insurer.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,424

    Default Re: Rear End Accident Intentionally Caused by Driver in Front

    Quote Quoting Strabrylvr
    View Post
    Hello, I am trying to find information for my brother who was recently involved in a rear end accident here in Washington State. This accident occured on the freeway traveling at 60 mph (in the far left passing/fast lane). The person driving the vehicle in front of my brother came to a sudden and unnecessary stop just as my brother was preparing to change lanes in order to go around that car. Needless to say my brothers vehicle clipped the rear bumper of the car in front of him. The police arrived on scene and questioned both drivers. The officer told my brother that the driver in front of him stated he stopped his vehicle on the freeway to "teach him (my brother) a lesson". So, of course, my question is could that statement possibly shift the fault and liability to that person who admittedly intended to cause the accident? That driver did receive a reckless driving citation and my brother was cited for following too close. Thank you in advance for your time and advice. It is very much appreciated.

    Thank you.
    Leslie
    Your brother was following too closely. He deserved that ticket. He also would not have hit the car had he not been following too closely. If you cannot stop without hitting a car that comes to a dead stop in front of you, then you are following too closely.

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