What am I to do about rear-ending someone who slammed on their breaks in front of me?

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What am I to do about rear-ending someone who slammed on their breaks in front of me?

We were in a 55 mph construction zone and at least 2 to 3 car links behind a pick-up that was maybe 1 car link behind a car that slammed on their breaks to avoid hitting a stopped car. The truck in front of us slams on his breaks swerved to miss the car that stopped in front of him. The traffic was at a stand still with no way to get in another lane or the emergency since that was the way he was swerving to. He was rested in the right lane emergency lane when we ended up hitting the bummer of his truck at around 40 mph. He requested my insurance because

Asked on May 13, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it goes to court, you will most likely be found liable, or at fault, and have to pay for his damage. The law presumes that the rear driver is at fault, even if the front driver slams on his brakes, since the car ahead of you stopping abruptly is always a possibility; you are expected to maintain a safe following distance, given speed, weather, and traffic conditions, and to pay careful attention, so that if the front driver does stop suddenly, you can stop in time. A failure to do this is regarded as negligent.


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