---------
I agree, however there are a few exceptions when the person
in front would be at fault: inoperative tail/brake-lights, cutting in
front of someone and immediately slamming on the brakes, pulling out
into fast moving traffic. . . However, common sense, and the law,
usually blames the rear-ender, not the rear-endee (make sense?).
---------------------
In a front to rear collision - the person in the "back" is *ALWAYS* at fault -
at
least as far as the insurance is involved.
I had a friend who rear ended a car on the NJ-TPK.
The driver of the car in front stated that he had STOPPED in the left hand land
in moving traffic (aka when 55 was the limit and everyone - esp in the
left was going 70+) and HIS TAIL LIGHTS WERE NOT FUNCTIONAL!
The driver in the front was given a ticket for defective equipment
(NOT a moving violation - and a very small fine - like $25)
The driver in front did NOT have to justify why he had stopped
(his car had stalled) - that information was irrelevent to the insurance
company.
The driver in the rear was cited for careless driving (luckily he was a
so- so driver and awas able to slow his car down enough so that
the accident was merely a "fender bender" and not the more likely dual
fatality).
So - in a front to rear - the rear always pays.
It doenst matter is you were a kidnapper - he caused the
accident (and the driver in the rear was NOT a Public
Safety officer - so cite for "endangering the public" for
following you)
I was also involved in a case where some guy "claimed" I was a drunk
driver and followed me to a friends house where he "got my license
plate" by blocking me in a dead end street (this was when I was
17 and long before cell phones were avail).
We were able to get his license plate (actually my buddy - who is now
a big time Lawyer in NYC) and proceed to file
Carless Driving
Following Too Close
and a few other tickets - totaling over 12 points (mandatory suspension
in NJ at the time).
While the case got dragged to the end of the docket over the
course of 4 seperate night court sessions, the Judge duly noted that
a) we appeared on each night as specified (so did the other driver)
b) we dressed nicely (suits) whereas the other driver did not (jeans/T-shirt)
Many of the tickets were "thrown out" but the driver was
a) slapped with about $300 in charges (though only 3 points total)
b) pubicly berated in front of the court by the judge who made him
stand in the middle of the court room as he chewed him out big time.
It was worth it.
Besides - I simply sat quietly in the back and did my home work
for school.
Best lesson in Civics I ever had.... I reccomend going just for
yucks - its the best soap opera in town and its FREE!
EWong
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