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Originally Posted by Rynldsbr
Incorrect sir. It is a violation in almost every state if the driver is "negligent" or fails to take "reasonable action" to avoid an accident. These are common terms used when a driver sees an accident may be imminent and fails to take action.
Also, it is important to understand that being rear-ended is NOT a 100% fault collision. Many factors play into the determination of fault as well as a separate issue, whether the accident is preventable or non-preventable. For example, if I am not paying attention and am late reacting to a vehicle stopping in front of me, I can slam on my brakes and may manage to stop before hitting the vehicle in front. The vehicle behind me may not have adequate time to react and therefore strikes me from behind. This is an accident where fault may be laid on both me and the driver behind me. It also would clearly qualify as a preventable accident.
The two primary contributing causes to most accidents (NHTSA or any insurance study will confirm this) are speed and following too closely. To avoid accidents, slow down and allow more space. Pretty simple.
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In New Jersey, if you hit the vehicle in front of you, you're pretty much always 100% at fault. I understand what you're saying, but you should seriously never rear end someone if you have a safe following distance and you're paying attention.
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