Fault disagreement

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Fault disagreement

I was recently involved in a fender bender and am in a frustrating situation. The other driver stopped right in front of me, without reason or indication. I was not able to stop and hit the back of their car with the front of mine. We did not call the police but exchanged insurance information. I just learned

that the other driver is trying to say that I am at fault. Is that true? If it’s not, what can I do about it?

Asked on December 6, 2017 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, if you ran into the back of his car, you are legally at fault: the rear driver in such accidents is almost invariably at fault (unless his car was hit first and forced into the car in front of him). The law requires you to maintain such safe following speed and distance, given road and traffic conditions, that you *could* stop in time if the car ahead of you came to a halt abruptly; therefore, being unable to stop in time makes you at fault for the accident.


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