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This, you may be lucky and have the last driver's insurance accept the complete blame. BUT anytime you hit someone from the rear, you are at fault. If you are at a stop sign and you are pushed into the car in front of you, the assumption is that you were too close to the car in front anyway. Even when stopped, you are supposed to maintain a safe distance between the cars
How far is that? We were the 4th in a chain of cars hit....the one that hit us was 30 feet behind when the second car hit him and he spun into us. The second car was hit by an out of control speeding truck. There was plenty of distance between us and the driver who hit us....we were stopped and they were nearly stopped. Only the first driver was found to be fault, but of course they didn't have insurance at all. Certainly the car behind us wasn't at fault...it was a matter of force and physics originating with the first car. Our van was thrust about 10 feet. If there was a car ahead of us we certainly would have hit it.
So, how far back do you have to stay from the car in front of you....20 feet, 30, more???
You are supposed to know in advance how hard you will be hit.
This is an interesting and somewhat scary thread.
Scary, tell me about it. The vehicle that spun into us was a minivan and when he was hit the back door flew up. When he hit us he was actually sideways/backwards and the open door rammed through the window, less than 2 feet from DD's head!!! We were very blessed that day, not thinking about the damage or the idiot without insurance or anything but how very close we came to a tragedy. We were the only ones to completely walk/drive away that day. The other cars were all totaled, most everyone else taken away in ambulances.
This was over 6 years ago and to this day the sound of squealing brakes near us makes us cringe. We all tighten up and look out the windows, DH and I have to work very hard to keep composure and not slam on the brakes or panic. It was truly terrifying. We'd been hit from behind 3 times previously but never to that extent. We leave lots of room between us and other drivers but there's not much to do when people are hitting from behind.
Ok folks...enough Speculation....here's the answer : If you are STOPPED at a light, and get rear-ended, and that force pushes you into the car in front of you, YOU ARE NOT AT FAULT...the back car is....
There are a lot of times when the middle car hits the 1st car, then gets rear-ended and pushed back into the front car again and then the middle car is responsible for the front car...Insurance companies would ask the front car how many impacts they felt....BUT - to re-iterate, the middle car getting rear ended and pushed is not liable for the front car, the back car is...
Even in this contributory negligence state....(does it sound like I know what I'm talking about? :>)
I am living proof that you are not 100% correct. It doesn't make sense and I'm guessing more times than not you will not be held liable, but it does happen.
Sorry.... sounds crazy. I could not believe it either.
Quote:
Originally Posted by thestem
Ok folks...enough Speculation....here's the answer : If you are STOPPED at a light, and get rear-ended, and that force pushes you into the car in front of you, YOU ARE NOT AT FAULT...the back car is....
There are a lot of times when the middle car hits the 1st car, then gets rear-ended and pushed back into the front car again and then the middle car is responsible for the front car...Insurance companies would ask the front car how many impacts they felt....BUT - to re-iterate, the middle car getting rear ended and pushed is not liable for the front car, the back car is...
Even in this contributory negligence state....(does it sound like I know what I'm talking about? :>)
Ok folks...enough Speculation....here's the answer : If you are STOPPED at a light, and get rear-ended, and that force pushes you into the car in front of you, YOU ARE NOT AT FAULT...the back car is....
There are a lot of times when the middle car hits the 1st car, then gets rear-ended and pushed back into the front car again and then the middle car is responsible for the front car...Insurance companies would ask the front car how many impacts they felt....BUT - to re-iterate, the middle car getting rear ended and pushed is not liable for the front car, the back car is...
Even in this contributory negligence state....(does it sound like I know what I'm talking about? :>)
Yes, but we would like documentation as well.
J/K.....thanks for the info....it makes perfect sense to me.
you know, I think I only knew what shunt means b/c I read Thomas the Train books all day long...
Yep -in the shunting yard with Toby,Henry and Mavis! My son loved Thomas the tank engine.
I found this
The "Assured Clear Distance" rule is a common law rule in the sense that it evolved from court decisions. Some states, like Ohio, have enacted this rule into statute. The Ohio statute reads in part...
"No person shall drive any motor vehicle upon any street or highway at a greater speed than will permit him to bring it to a stop with the assured clear distance ahead."
Where such a statute exists, it is strictly construed by the courts. Failure to obey the statute may constitute negligence per se.
Seems that Penn have this law too, but not sure about NC.
So if they can prove that the last person in the chain (or first whichever) was driving at a speed that would not allow him to stop in time if the vehicle in the distance stopped , then he is at fault.Assume that speed limit must have to constantly adjust as he gets closer to a vehicle upfront.
However if this cannot be proved then maybe each vehicle in the chain takes part responsibility for being stopped too close to the vehicle in front, although heaven knows what that distance should be.
About this assured clear distance rule-
how would you ever overtake anyone?
If someone is doing 30mph on a single lane road with a speed limit of 60 you would be driving faster than 30mph behind him in order that you aught up with him and needed to overtake, but according to this rule, as you got closer to him , you would need to start slowing down, or pull out onto the other side of the road and start overtaking about a mile before you got to him ?
Clearly that can't be right-so maybe you aren't allowed to overtake?
Ok folks...enough Speculation....here's the answer : If you are STOPPED at a light, and get rear-ended, and that force pushes you into the car in front of you, YOU ARE NOT AT FAULT...the back car is.... There are a lot of times when the middle car hits the 1st car, then gets rear-ended and pushed back into the front car again and then the middle car is responsible for the front car...Insurance companies would ask the front car how many impacts they felt....BUT - to re-iterate, the middle car getting rear ended and pushed is not liable for the front car, the back car is...
Even in this contributory negligence state....(does it sound like I know what I'm talking about? :>)
Well this actually happened to us in CA. We were the middle car. Someone crossed the front of the front car, who slammed on its brakes to avoid the pedestrian. We slammed on the brakess and never hit the front car. Rear comes up and never sees us stopped and slams on us pushing us into the front car. Back car's insurer asked/colluded with first car who now claims they felt two bumps. We got paid by insurer of last car, reduced by the amount they claim they paid to the first car, saying it was our fault for hitting the first car. Our lawyers then asked us to agree to this settlement (Mom broke forearm bone and we were all in ER)...hated our lawyer, but that's another story.
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Certainly the car behind us wasn't at fault...it was a matter of force and physics originating with the first car. Our van was thrust about 10 feet. If there was a car ahead of us we certainly would have hit it. 
