What am I to do about rear-ending someone who slammed on their breaks in front of me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.