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Who is at fault if a driver intentionally slams on brakes, causing you to rear end?
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Who is at fault if a driver intentionally slams on brakes, causing you to rear end?

I was driving on a 2-way road that has two lanes going each way. A driver pulled out of a parking lot right in front of me and cut me off. I had to hit the brakes. When there was a safe distance between his and my car, I looked over to the right to see if it was safe to get into that lane.

As I did this, I noticed the driver was waving to me in his rearview mirror. I looked straight ahead and mouthed the word, "What?", since I was confused and thought maybe he was someone I knew.

As soon as I mouthed the word "What", the driver (who was doing at least 40 MPH) slammed on his brakes and came to a complete stop. I BARELY missed hitting him. There were cars coming in the right lane so I was stuck continuing to drive behind this guy.

The driver was stopped for a few seconds and then went forward again a little ways. As soon we were back up to about 30 or 35 MPH, he slammed on the brakes again and came to another complete stop in the middle of the street. Again, I BARELY missed rear ending him.

The guy then veered left into a turning lane, and we were next to each other at a red light. I refused to look over at him - I was shaking because I was so scared and angry.

This guy was nuts. I really think he wanted me to hit him.

My question is, if I HAD hit him, would I have been at fault even though he was intentionally slamming on his brakes? This thought really scares me.


    




sgoldperson
IF you could prove he was doing it intentionally the insurance company would find HIM at fault. It was wreckless driving on his part. The problem is PROVING he was doing it.


David B
yes. you are responsible for maintaining a safe stopping distance between any idiot and you.


Marc
Rating
He was hoping you would hit him. This is a scheme that has been used for years. They usually have "witnesses" stationed near where the "accident" happens. You were lucky as many times they also have additional cars that box you in so you can't help but hit them.


Sophie B
Rating
Any time you rear-end someone.. you are at fault, for following too close......

In your above scenario.. after the second time you should have written his license number down, and called the police...if you had hit him the police might have given him a ticket for causing an accident, but you would have got a FTC..
How do you solve this? pull over to the curb, if he does too.. you use your cell and call the police....


Dont get Infected
Rating
you would have been at fault. its your responsability to leave atleast a 3 second distance from other drivers.


Andy
yes it would be your falut. The police would say you should of bin paying more attention.


pontiacpowered71
Yes...you would have been at fault for following too closely.





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