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Thread: Hitting someone from behind- is it always your fault?

  1. #1
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    Default Hitting someone from behind- is it always your fault?

    I had an accident yesterday. I ran up the back of the car in front and accept that I am therefore at fault legally, and it will be my excess that has to be paid.

    We had been sitting in bumper to bumper traffic (on Pennant Hills Rd) for 40 minutes. Traffic finally started moving, it was clear in front, but the car in front slammed its brakes on for no apparent reason. I braked, but not quickly enough.

    So, obviously I was following too close, my bad, but that is more common and expected than just slamming brakes on for no reason! Maybe the guy in front dropped his cigarette and that's why he braked. He did apologise to me, I think he knew it wasn't entirely my fault. I'm extremely frustrated, will be without a car for 2 weeks!

    So, if you hit someone from behind, are you always in the wrong?!

    I'm not expecting everyone to agree with me, but I needed to vent

  2. #2
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    Default Re: Hitting someone from behind- is it always your fault?

    As far as insurance would care, yes if you are both moving forward and there was no lane changing involved (front right of your car hit his rear left, for example). It's fair enough you need to vent.

    I was in a similar accident about 6 months ago where a driver up ahead slammed the brake after cutting off the guy i hit, where the guy i hit and myself had just changed lanes (practically at the same time). Going about 70kph, the guy in front of me slammed to a complete stop (guy who cut him off never went below probably 40) and i went up his ass at around 40/50. I wasn't close, but attention wasn't purely on the road as changing lanes on a motorway, and i had my EDs brakes compared to a brand new lexus. The man himself said it wasn't really my fault and he shouldn't have come to a complete stop but that changes nothing, and obviously the idiot up ahead got away unknown and unharmed.

    Ever since this happened i can see how easily someone could just hit the brakes for no apparent reason and cause another accident at my loss. It's just how it goes i've learnt, defensive driving it is.

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    Locum Moderator docjames's Avatar
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    Default Re: Hitting someone from behind- is it always your fault?

    Yeah, sucks but take the lesson and be more careful next time. And venting good sometimes too.
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    Forum Veteran PD56's Avatar
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    Default Re: Hitting someone from behind- is it always your fault?

    I really feel sorry for you, I was in the same situation when I first got my licence and it really sucks when the mongrel in front causes it by braking hard for no apparent reason but the Law is law and you must pay for it.

    It will wise you up in experience.



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    Senior Member aussiemuscle's Avatar
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    Default Re: Hitting someone from behind- is it always your fault?

    i think the only exception would be if someone hit you from behind and pushed you into the car in front.
    Reality is a nice place, but i wouldn't want to live there!
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    Default Re: Hitting someone from behind- is it always your fault?

    My sympathy too mate, not always your fault even though the law says it is.
    However, do you know the two second rule? That is to keep at least two seconds between you and the car in front, more is better, it gives you time to react.

    He did apologise to me, There ya go, almost an admission of guilt, get some good advice and you just might get away with it. Tell your insurance company he apologised.

    Good luck mate, bugger the city, move to the country!

  7. #7
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    Default Re: Hitting someone from behind- is it always your fault?

    A few years ago my girlfriend was going around a round about and selected the wrong gear which caused the car to stall (don't ask how, she just did and I still give her grief about it to this day). Needless to say, the person entering the round about behind her tail ended her. Both the police and insurance company said that she was at blame because you are not allowed to stop on a round about.

    So to answer your question... no, you are not always in the wrong

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