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Quote:
Originally Posted by Omaha Rocks
Sorry, but you are wrong. When you rear-end somebody, the accident is your fault. Period.
Quote:
Originally Posted by Drover
Not "period." If you rear-end someone, there is a rebuttable presumption that you are at fault -- key word rebuttable. It is not a strict-liability offense. If you can show you rear-ended someone because of their reckless conduct, you will be able to shift at least some of the fault to that driver.
Drover is 100% correct. Insurance companies are not just writing checks nowadays and accepting blame. If there is reason to believe that the other driver was fully at fault of partially they will fight it and not pay out to the other party. Heck, even in cut and dry cases where it is evidently clear a certain driver is at fault and all witnesses and the police report are in check the insurance companies STILL find loopholes to get around paying or drag it out.
Exactly where in a drivers handbook does it say that one can "brake check" and that it is legal?
you got to be kiddin', right? This thread was started to do exactly what it ended up doing-stirring up a big load of crap. Look at the number of replies in less than 24 hours. The op couldn't care less if people started driving better. If he did, he'd start with himself. If he was so concerned,then where is he?
Read some of his other posts. He just likes to start trouble, complain a lot, and watchjon & kate reruns.
Well, just a little google search and turned up something on this from some police forum. Guess what? You brake check someone and YOU CAN GET A TICKET! For more than one thing as well and that is only if there were no serious injuries are a fatality. Several citations that the brake checker could get are: failure to signal stop and reckless driving. Someone gets hurt or killed because you let your ego get in the way and all kinds of other things can get thrown at you.
Best thing ANYONE can do is if you have a lane to move over to so that the faster driver can go on down the road is MOVE OVER. If your on a 2 lane road and there is no other lane to move over to the right into........... are you going the speed limit? Do your brake lights even work? Cause guess what.......... if your brake lights are out I'm going to do one of 2 things. Either back way off of you (depending on the traffic behind me) or I'm going to get closer to you and you might think I'm tailgating. I'm actually proving the laws of physics as has already been described. Closer to you I can better judge your speed and when you are slowing down so that I don't CREAM into the back of you. So if you seem to attract tailgaters then drive the speed limit, get out of the left lane and check your brake lights.
You got to be kiddin', right? This thread was started to do exactly what it ended up doing-stirring up a big load of crap. Look at the number of replies in less than 24 hours. The OP couldn't care less if people started driving better. If he did, he'd start with himself. If he was so concerned,then where is he?
Read some of his other posts. He just likes to start trouble, complain a lot, and watch Jon & Kate reruns.
guilty Guess I'm sitting here enjoying the nice weather and don't feel like doing any actual work. LOL!!! I'd rather laugh at some of the fools on here.
I just had to comment on this thread since I've been a driver for so many years.
I drove in the San Francisco Bay Area for over twenty years doing deliveries. Mostly in my full sized van, sometimes my personal station wagon. I had a sense of urgency while working and would drive in the fast lane. When not working, I'm kind of a slow poke and will just get out of peoples way, the ones WITH a sense of urgency. I was in 75-80 mph bumper to bumper traffic almost daily. In the number one lane, fast lane. The cars in front and behind were all a half second to one second intervals. If a person left too much of a gap, someone way back would find there way through the traffic to get in that spot. These are usually six lane hiways, three in each direction. These are commute times and the traffic would be much, much less between 9am to 2pm. Then more normalcy would take over with the usual 2 second gaps.
Tailgating is a way of life in the urban areas, from my own experience. When I get someone tailgating me in the Maine back roads, I notice through my rearview mirror that they are either getting ready to pass me, just following me close because they feel comfortable with my leed or are talking to someone, daydreaming or just plain not thinking properly. I will slow a little to make it easier for them to pass. I will pick up my pace a little if passing isn't possible. Either way, I drive with my eyes looking in front and behind. Both being equal threats to me. I stopped gesturing or making eye contact with other drivers, who I perceive their driving habits are suspect, many years ago.
I also ride BMW motorcycles. Over 100k miles since '01. As someone said earlier, riding a bike is a whole other world. We always assume someone is going to cut us off, ride up our tails or pop out in front of us from a side street. When they don't, it's a plus. In California, we can split traffic or share lanes with cars. That's another thread.
Also, I have several Law Enforcement Officers (LEO's) for friends and that I ride motorcycles with. They always told me that they had seen many group accidents from people driving exactly the way I described. That it was one of the most common types of accidents on the highways. I was just lucky I guess.
About a year ago, one LEO friend ticketed a person going too slow in the number 1 lane. He followed someone going 60-65 and mirroring the speed of the drivers in the number 2 and 3 lanes for several miles. No cars in any of the three lanes above this group in sight. There were at least a half dozen cars following in each lane and getting upset by changing lanes and braking. He finally made his way around to pull her over. He gave her a ticket for going too slow, holding up traffic, etc. I don't know the exact technical ticket term. She thought she was an excellent driver and going the speed limit. And it never occured to her to get over.
To sum it up, only get in the 'tailgate lane' when you are a crazy delivery driver in the big city.
Hope that helps... DRIVE SAFELY
Last edited by RMoore007; 11-05-2009 at 01:01 PM..
Reason: sp
About a year ago, one LEO friend ticketed a person going too slow in the number 1 lane. He followed someone going 60-65 and mirroring the speed of the drivers in the number 2 and 3 lanes for several miles. No cars in any of the three lanes above this group in sight. There were at least a half dozen cars following in each lane and getting upset by changing lanes and braking. He finally made his way around to pull her over. He gave her a ticket for going too slow, holding up traffic, etc. I don't know the exact technical ticket term. She thought she was an excellent driver and going the speed limit. And it never occured to her to get over.
To sum it up, only get in the 'tailgate lane' when you are a crazy delivery driver in the big city.
Hope that helps... DRIVE SAFELY
The problem that this driver in the far left lane created was a bottle neck. They actually prevented drivers all piled up behind them from being able to change lanes SAFELY. People do need to exit the highway at some point and they will need to get over in order to do so. By driving neck and neck w/ the drivers in all lanes it prevents them from doing so and creates problems. They CAN cause an accident and never realize that their "safe driving" habits have actually caused accidents. They just never bother to look behind them or beside them.
If your driving down the highway or any multi lane road and your staying beside the cars next to you and there is not a single car in front of any of you........... GET OVER! Either slow down and fall in behind them or speed up a hair and get in front of them.
Drover is 100% correct. Insurance companies are not just writing checks nowadays and accepting blame. If there is reason to believe that the other driver was fully at fault of partially they will fight it and not pay out to the other party. Heck, even in cut and dry cases where it is evidently clear a certain driver is at fault and all witnesses and the police report are in check the insurance companies STILL find loopholes to get around paying or drag it out.
Exactly where in a drivers handbook does it say that one can "brake check" and that it is legal?
I've been driving a long time, and have dealt with insurance companies many times.
Guarantee you that if you rear-end somebody, you're in trouble. The insurance company is going to do everything they can to settle and settle quickly - and do everything possible to avoid paying exorbitant medical bills for whiplash.
Unless you can PROVE that the person in front of you intentionally caused the accident by slamming on the brakes, you don't stand a chance. And in order to prove that, you're going to need both skid marks and witnesses. Even then, you're still going to be at least 50% at fault.
If you don't believe me, go ahead and rear-end somebody who hits their brakes too hard.
Now... Before everyone starts screaming at me, I'm not promoting romping on the brakes to try to get people to rear-end you.
I am extremely flattered that some people would be so mad over my post that all they can do is call me names and make fun of my other posts. Ouch...lol
I am glad I have struck a nerve with so many tailgaters.
I've been driving a long time, and have dealt with insurance companies many times.
Guarantee you that if you rear-end somebody, you're in trouble. The insurance company is going to do everything they can to settle and settle quickly - and do everything possible to avoid paying exorbitant medical bills for whiplash.
Unless you can PROVE that the person in front of you intentionally caused the accident by slamming on the brakes, you don't stand a chance. And in order to prove that, you're going to need both skid marks and witnesses. Even then, you're still going to be at least 50% at fault.
If you don't believe me, go ahead and rear-end somebody who hits their brakes too hard.
Now... Before everyone starts screaming at me, I'm not promoting romping on the brakes to try to get people to rear-end you.
I too have been driving for a very long time and have had many dealings w/ insurance companies. Sadly, owning a fleet of trucks gets one to know what goes on. Insurance companies have changed over the years and no longer just write a check to get rid of claims. I was in an accident that it was 100% clear the other person was at fault and their insurance company still refused to pay for the damages to my vehicle. Thankfully, the damages were minimal and no one was injuried. Also had our trucks involved in accidents that were clear as day of who was at fault and still had to fuss with them. HECK, even had someone come plowing onto one of our business properties and take out a row of shrubs and the pole sign. No other vehicles involved so it was a 1 vehicle accident w/ a driver on the phone and no insurance (her dad didn't want to cover her as it costs more for young drivers ). We STILL had to fight to prove it was HER FAULT! Like we had a car/truck involved in the accident or our sign just jumped out into the middle of the road and made her hit it. And this accident happened this summer and was JUST SETTLED a few weeks ago.
Insurance companies do NOT "settle quickly" any more at all. Thank goodness too in some cases as we even had someone pull out intentionally years ago so that our truck would hit them and our insurance company just gladly wrote them a check even though the police report and witnesses collaborated our drivers account of the accident.
I've dealt w/ many insurance companies and they don't do this anymore. They WILL investigate and place the blame on the other driver for their part of the accident. Even in a rear end collision if the insurance companies are going to investigate. Especially after the scams that were going around the last few years. People would intentionally pull in front of a driver (especially elderly drivers in nice vehicles) and slam on their brakes causing a rear end collision. The insurance companies would just write the checks. Not anymore.
If YOU don't believe me go out and get rear ended and see how long it takes to get a check from the insurance companies if you get one at all.
(I don't need to roll my eyes)
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Exactly where in a drivers handbook does it say that one can "brake check" and that it is legal?
Guess I'm sitting here enjoying the nice weather and don't feel like doing any actual work. LOL!!! I'd rather laugh at some of the fools on here. 
I was in 75-80 mph bumper to bumper traffic almost daily. In the number one lane, fast lane.
The cars in front and behind were all a half second to one second intervals.
If a person left too much of a gap, someone way back would find there way through the traffic to get in that spot. These are usually six lane hiways, three in each direction. These are commute times and the traffic would be much, much less between 9am to 2pm. Then more normalcy would take over with the usual 2 second gaps.
In California, we can split traffic or share lanes with cars. That's another thread.
