Could slamming on the brakes needlessly (and causing an accident) be considered reckless driving?
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Could slamming on the brakes needlessly (and causing an accident) be considered reckless driving?
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Scenario:
A driver is going along a 55 mph highway, intending to make a left turn just down the road somewhere. He is going down a hill. He doesn't have his turn signal on and isn't slowing down as he approaches his turn. Suddenly he goes past his turn and slams on his brakes, even though there are two vehicles behind him. The other two drivers had no idea this guy was intending to turn (no turn signal or brake lights...) and a collision resulted. The guy who was intending to turn does NOT get hit.
Should the first guy be charged with reckless driving for failing to signal or slow down before his turn?
Additional Details I appreciate the responses. But I disagree that it's acceptable to just slam on your brakes when you miss your turn. Avoiding a child in the road is an emergency, missing your turn is not. And cars are equipped with turn signals for a reason. I agree that drivers need to maintain a proper following distance and be able to control their vehicle, but I think the first driver should have been held accountable for his actions as well.
And yes, Vehicle #3 rear-ended V#2.
Thanks.
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jtexas
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yes I'd consider it reckless driving.
But --heavy sigh-- #2 managed to stop in time...why didn't #3? Following too close? Not paying attention? Slow reaction time due to fatigue or medical condition or mental ability? Anti-lock brake malfunction? The answer is irrelevant.
Based on the info provided, even if #1 gets a ticket, #3 is entirely at fault for the accident. But if I was #3, I'd be some kinda pissed.
If #1 suddenly changed lanes and hit the brakes, my answer would be different. |
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Fred C
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Nope. Obviously, the second car was able to stop, because his safety zone was reasonable for his speed. The third car was following too close, going too fast, or the driver was not paying attention, such as yakking on a cell phone. One accident, one at-fault driver, one driver to be ticketed, and that is driver number 3.
Any one of us may have to slam on the brakes to avoid a child, a dog or other animal, or flying debris, and it is always incumbent upon following drivers to leave appropriate distance. |
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Tom L
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I am assuming that the third car hit the second car (or the one behind the car that failed to indicate his intent) The car in the rear should be and probable will be sighted with following too close, or failure to control his / her vehicle. The first car can be sighted with failure to use a turn indicator if witnessed by a police officer but not usually on witness accounts. Remember had a child run out in front of the first car the results would have been the same. The last car failed to keep a safe distance thus causing the accident, not the first car or the second car. Just my opinion and lift experience. |
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wannabe1987
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DUH. if the first person doesn't let the others know he's going to turn, do you really think they're gonna read his MIND? first, if you don't signal, don't get on the road. second? if you're going too fast that you cause an accident while looking for a road, slow down. third? i'd press charges. |
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Mike
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IN A WORD YES |
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fred g
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It's certainly crap driving though.Shame that there isn't a charge for that.
Mind you, we'd probably all have points on our licences then! |
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tomd1980
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In theory I agree with you.
braking hard for no good reason is reckless.
However, the argument that he caused that accident is wrong simply because the cars following him were too close. It is all very well saying in hindsight that what he did was wrong, but the people behind him did not know that when it happened. It could have been a child running out in front of him or a mechanical fault for all they knew. |
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UCANTCME
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He should but he wont because the second and third cars should be paying attention at all times and never assume anything along with following the rules of the road because just like this situation many people don't... |
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