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Most likely, fault would be split between the two of you or all on you. But that would depend on what the officer determines from the interview of both drivers and any witnesses.
There won't necessarily be a police officer there to write up a report. If there are no injuries and both cars are driveable, there is no requirement in Maryland to call or wait for a police officer to arrive. You just exchange info with the other driver and then leave. In fact, even if you call and ask for a police officer, one may not be sent once you've advised them of the situation.
Odds are there would have been witnesses to back up your story.
Those "witnesses" disappear when they're needed. I was involved in a head-on side-swipe several years ago. The other driver was halfway into my lane on a narrow bridge, and I couldn't get over any further. I talked with the driver who was following behind me. She said she was afraid he was also going to hit her and she'd be happy to state that it was the other driver who was at fault. When my insurance company contacted her, she refused to make a statement because she didn't want to get involved.
There won't necessarily be a police officer there to write up a report. If there are no injuries and both cars are driveable, there is no requirement in Maryland to call or wait for a police officer to arrive. You just exchange info with the other driver and then leave. In fact, even if you call and ask for a police officer, one may not be sent once you've advised them of the situation.
Right, if everybody is on the same page on who is at fault. But if not, you can absolutely call one to determine. Nowadays, I would always call. More and more people are driving without insurance, fake insurance cards, suspended licenses, etc. Not having fault determined or being at fault can greatly affect your insurance premiums for years.
I dont get what you are saying, you cant call the police for a report?
Of course you can. If both parties agree, no police have to be called in MD, and it doesnt matter how much property damage either. If one party wants the police to be called, then they get called. If in the OP's question, it would be safe to assume the offender would not be willing to accept fault.
ALPHA, you did exactlywhat I would have done under the same circumstances, which is get out of the way. Otherwise his butt would hae been in our face in a big hurry, and then it's not just a car crash; at thos speeds, it's a big traffic accident with injuries.
BLACKHEMII, your poinats are well-taken but unnatural. When something like this happens at these speeds, in other words, a jerk jams his vehicle into a perfectly normal string of cars doing as they should, it is almost impossible to think about slowing down or blowing a horn or anything other than getting out of the way. My grandfather, a mechanic, used to test drive cars, too, and he said always leave a way out, wich ALPHA did by being able to leave out of the overhwlemed lane of traffic in a big enogh hurry to avoid an accident.
By the by, unless the driver is drunk or excessively angry, a tailgater will automatically slow a litleif you just tap your brakes a little. I generally always ride in he "slow' lane, mainly because tha'swhereI usualy exit next. That's local. on long tris, i cangeit up depending onthe speed goingon around me,but generalyystay in the lane I've chosen more or less. gg
ALPHA, you did exactlywhat I would have done under the same circumstances, which is get out of the way. Otherwise his butt would hae been in our face in a big hurry, and then it's not just a car crash; at thos speeds, it's a big traffic accident with injuries.
BLACKHEMII, your poinats are well-taken but unnatural. When something like this happens at these speeds, in other words, a jerk jams his vehicle into a perfectly normal string of cars doing as they should, it is almost impossible to think about slowing down or blowing a horn or anything other than getting out of the way. My grandfather, a mechanic, used to test drive cars, too, and he said always leave a way out, wich ALPHA did by being able to leave out of the overhwlemed lane of traffic in a big enogh hurry to avoid an accident.
By the by, unless the driver is drunk or excessively angry, a tailgater will automatically slow a litleif you just tap your brakes a little. I generally always ride in he "slow' lane, mainly because tha'swhereI usualy exit next. That's local. on long tris, i cangeit up depending onthe speed goingon around me,but generalyystay in the lane I've chosen more or less. gg
I'm not necessarily saying he was wrong, but at those speeds, swerving into a unmaintained shoulder while braking is not safe at all.
Driving itself is not "natural". We train ourselves to drive, as we can train ourselves to slow down and blow a horn.
Always having an exit or way out is a double edge sword and quick judgement is needed.
Just saying, I wasnt there, but I believe I know exactly what type of driver the exterra was. I see them from time to time out here and they pretty much make a bee line right for that fast lane. Is or was it possible to see that and have let off assuming that if he is not going to stop for 3 or 4 lanes, why would he stop for me?
I spend a great deal of time on the road and know many others that drive for a living. One thing we have noticed is most close encounters and accidents, may have one person who was at fault, but the other driver not at fault could have adjusted to help prevent. This happens often when people pull out in front of cars, lane changes, etc. In my industry, we see a lot of accidents, more than most will see. Just an observation.
Last edited by blackhemi; 07-23-2013 at 01:58 PM..
I can tell you from experience that you would almost certainly be considered at fault even if he confessed that he moved in front of you without looking while he was talking on his cellphone and texting on his pda simultaneously.
I was in an accident a few years back that still riles me up. I was driving in the right lane of a 4 lane road (2 lanes each direction, no median) when the car next to me in the left lane decided to turn right. He hit me on the side of the car and continued to turn as I slammed on my brakes and tried to swerve to the right to get away from him. As a result of my braking, he was able to scrape along my left hand side of the car, across the left front and eventually across my left headlight before we separated and he concluded his turn.
I was determined to be at fault because there was damage to the front of my car and no damage to the front of his car. When he started his turn, he had gotten his front wheel even with my front bumper. I had witnesses and he even told the cops he did not see me next to him when he turned. It may not be the law that the person in the rear is always responsible, but I wouldn't put any of my money on getting out of it.
I can tell you from experience that you would almost certainly be considered at fault even if he confessed that he moved in front of you without looking while he was talking on his cellphone and texting on his pda simultaneously.
I was in an accident a few years back that still riles me up. I was driving in the right lane of a 4 lane road (2 lanes each direction, no median) when the car next to me in the left lane decided to turn right. He hit me on the side of the car and continued to turn as I slammed on my brakes and tried to swerve to the right to get away from him. As a result of my braking, he was able to scrape along my left hand side of the car, across the left front and eventually across my left headlight before we separated and he concluded his turn.
I was determined to be at fault because there was damage to the front of my car and no damage to the front of his car. When he started his turn, he had gotten his front wheel even with my front bumper. I had witnesses and he even told the cops he did not see me next to him when he turned. It may not be the law that the person in the rear is always responsible, but I wouldn't put any of my money on getting out of it.
My last two accidents, I rear ended the cars, no offset, just straight on nailed them. Both of them were cited and at fault. Both turned out in front of me. All I can do is brake. If I swerved, the I greatly increase my chance of causing or being in another wreck and being at fault.
I dont know any of the details of yours other than what you said, but sounds like you got screwed on that one.
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