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For rear ending someone. However, how viable is the "sudden stop" defense? All Rights Reserved |, 30 Good Excuses To Get Out Of Something (That Are Believable), Sorry, I have a lot of work to do right now., I wish I could, but my family came to visit unexpectedly., Im sorry, but I totally forgot that its my cousins birthday today., Im sorry, but I already made plans with my family that I totally forgot about!, My partner is having a crisis, and I really need to be there for them right now., Sorry, but Im running behind on work, and I might get fired if I dont do all this on time., To be honest, Im exhausted these days, and I dont think I can bring myself to go out., Sorry, my friend just asked me for help with something, could we see each other some other time?, I wish I could, but I cant find anyone to take care of my pet, so Ill have to reschedule., Sorry, my loved one is having an emergency and I really have to be there for them right now., Oh god, I totally forgot about our plans, Im so sorry! But cars arent airplanes. His attitude was the same as your husbands: a pilot flying into a cloud or fog bank which happens all the time cannot slow or he will fall out of the sky when he stalls, in the first place. After collecting any photographs and documenting contact information of the involved parties' accident victims should visit emergency services to get checked and document sustained injuries. @Dutchess_III Right, but if some Doofus was in lane #2 instead of lane #1 and its time to merge, why do they feel like they can run me off the road because they left it to the last minute? The guy in front of them does something stupid, they hit them, their ass end pops out, they go almost sideways, and you have 40 feet (less than half a second at highway speeds) to react decelerate from ~60 MPH to a dead stop (unless you want to sideswipe the guy in the carpool lane). The at-fault driver and their insurance company dispute your personal injury claim saying the speed was not fast enough to cause harm and deny any medical claims. Drivers should have a basic idea of the procedure to follow if they are involved in a collision. @JLeslie I probably had but I dont remember. Do you still have questions about what to do if you are rear-ended or rear-end someone? Fortunately, the light was changing at the time and nobody except the cars in the line were hit. In fact, a study conducted by the National Highway Traffic Safety Administration found that roughly 29% of all car accidents are rear-end collisions. [x] However, the cases on this issue illustrate that the bare claim that the driver of the lead vehicle made a sudden stop is insufficient to rebut the presumption of negligence. Sure as hell, when he went to pass the semi, the semi pulled out to pass again, without looking, and ran dumbass of onto the shoulder. Call the police and file a report with them. Most significant - the front drivers testimony, Thinking they are drafting off the lead vehicle. The negligence law in Washington, D.C., Maryland, and Virginia rear-end accidents makes what can seem like simple cases not so simple. Then think about how to rephrase it. People can take a hint. Un-freaking believable. TO REQUEST YOUR CASE REVIEW. @KNOWITALL Of course youre right. My car was near-totaled, however, despite the fact that it was drivable. But if the person asking is your loved one, keep in mind that you most definitely can if you want to. What is the Cause of Most Rear-End Collisions? As many times as this has been claimed in personal injury cases that we have handled, it has also been defeated an equal amount of times. Could have been bad, bad news, but it turned out OK. Speak to lawyer fast. After a collision, if it was strong enough to bend metal, or you feel you may have suffered harm - go to the emergency room to document the extent of the injuries the accident caused. Reasons for unintentionally tailgating include: A licensed motor vehicle operator understands appropriate following distance - or at least they should. Who Is At Fault If You Got Rear-Ended? | Hit from Behind Liability Take pictures of the scene to document the damage, Copyright © 2023. Yes But never forget when merging it's is completely your responsibility to do so safely including avoiding others that don't understand how to merge. Firstly, commercial vehicles carry higher insurance coverage compared to private car insurance. However, dont hesitate to share something about whats going on with you with the person youre talking to. I dont get it! [vi] Rosa v. Colonial Transit, Inc. 276 A.D. 2d 781, 715 N.Y.S.2d 426 (2nd Dept. See the article in its original context from. What to Do After Getting Rear-Ended: Avoid These Mistakes Your insurance company, as well as that of the other driver, need copies of the accident report so claims can be paid. No overview of rear-end accidents could be considered complete without a detailed look into tailgating. The roads were icy and I remember thinking that the guy driving didnt seem to be taking that into account. If you are being followed too closely, you should never do anything to increase a tailgaters aggressive behavior. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. He obviously heard his impact, then the car ahead of him hit the next one, and the next one, and eventually the first one, which was pushed out into the intersection. October 8, 1906, Page 6 Buy Reprints. Headache after a Car Accident: Should You Be Concerned? The state trooper who investigated the accident cited the driver in back of me for failure to stop, and the driver in front of me for improper entry to a highway or some such. Approaching this car at a stop, I applied my brakes in what I thought was plenty of time, but my car just kept right on going, my ABS chattering away. So, consider what the person would accept as a valid excuse. The right lane was letting in a car from the left every other car, everyone being curteous, until it was my turn and the driver did not obey the pattern and it caused me to brake. And please, this is not directly aimed at you aerosly. One Exchange Plaza 55 Broadway, Suite 202 New York, NY 10006 T: (212) 530-3900 F: (212) 530-3910, 147 East 2nd Street, Suite 101 Mineola, NY 11501 T: (212) 530-3900 F: (212) 530-3910, 110-B Meadowlands Parkway, Suite 300 Secaucus, NJ 07094 T: (212) 530-3900 F: (212) 530-3910, E-mail: contact@hfpmlaw.com Main: (212) 530-3900 Fax: (212) 530-3910, This website uses cookies and external scripts to improve your experience. Drivers and their insurance companies will make claims against each other and the back driver. After you have called law enforcement and given your account of the accident, and exchanged information with the other driver as well as any witnesses, it is time to call your insurance company. Contact us online to schedule a free consultation with a Washington, D.C. car accident lawyer today! SMART Vocabulary: related words and phrases On the road: accidents involving vehicles anti-collision bird strike brake car crash crash-landing cropper derail derailment overshoot prang rear-end road toll RTA rubbernecking Overall, a defendant has a better chance of convincing a jury rather than a judge that a sudden stop contributed to the cause of an accident. Next, rely on these tips to get through the immediate aftermath of the crash and protect yourself in the longer term. That is why it is important that you have skillful lawyers like Simeone & Miller, LLP on your side. So consider staying in the honest zone when coming up with your excuses. Rear-ended by commercial truck: Accidents involving semi-trucks, commercial vehicles (tractor-trailers, 18-wheelers, big-rigs, dump trucks, etc.) Best homework excuse rear ending someone Literature review science about bullying , where can i find research papers online marketing literature review journals company research paper about teenage pregnancy research proposal on advertising malnutrition in When following a vehicle, a driver must be far enough back to be able to bring his vehicle to a stop in the event that the driver is required to slam on the brakes. 6 Best Excuses to Break Up with Someone Without Hurting Them - Love Manor you're 100% at fault. When it snows all these idiots still believe they can do 60mph down the windy road. Someone just rear ended me while i tried to make a left turn. For instance, saying, I had a one-night stand, and Im at the hospital waiting for the results because I might have an STD, could be rephrased into, I have to go to the doctors to get some test results, Im keeping my fingers crossed., However, if you say this, the person will probably have follow-up questions, so you could even say, Im down with a cold.. Continue reading to learn more about who's at faults, driver's duties, tailgating and more After a collision, before even thinking about filing an insurance claim or speaking with an insurance adjuster you should speak with a professional accident attorney. Its like a 16 year old who doesnt believe anything bad can really happen to them. This field is for validation purposes and should be left unchanged. Turn a long story about how you got into gambling and now are in debt into a story about how youre currently broke. Change lanes only when it is safe to do so. Oct. 8, 1906. The drivers dont understand that larger vehicles take longer to stop, and need more space, than smaller cars. If you rear-end someone, you should take pictures of the accident site to document damage to your car and the other vehicle. [ii] Power v Hupart, 260 AD2d 458, 688 N.Y.S.2d 194 (2nd Dept. I mean its an interstate, geesh. If you cant see why, trade your keys for a bus pass before you kill someone. Law enforcement in your community needs to take a report of the accident. My car has a braking distance about 30% longer than most cars, so I need extra distance; the 2-second rule would kill me. What happens if you get rear ended by someone without insurance? Im thinking of complaining to MoDOT. Avvo has 97% of all lawyers in the US. Jaywalking is a violation. A sudden stop is by far the most common phony defense that we see in rear-end accident cases involving any sort of personal injury. The rules insurers use for determining responsibility which govern compensation after an accident can vary state to state. No, no excuse. You wisely consult with an accident attorney immediately, before you speak with insurance representatives as a legal dispute seems inevitable. Not paying any kind of attention, under estimating road conditions, and the lack of any kind of driving skill, and gadget distractions, those are the reasons I can think of, you know what gets me is you talk to any of these drivers and they will tell you that they are a super driver,take it from me who makes their living on the road they are not. If you or someone you love has further questions for an attorney after being involved in a rear-end collision - take advantage of a free legal evaluation to have an auto accident lawyer review the details of your case. It can happen when driving well within the speed limit. Remain friends forever. By riding another motorist's tail drivers pressure other motorists, it's commonly intentional - pressuring motorists for a number of unacceptable reasons. r/AskReddit is the place to ask and answer thought-provoking questions. Rear end collision caused by extreme sun glare! What are the odds at Everyone was only driving about 3540 miles per hour to begin with and then we slowed even more to merge. For instance, in Thoman v. Rivera, the Court held that evidence that the lead vehicles were traveling at an excessive rate of speed behind vehicles in front of them and then made sudden stops was sufficient to preclude summary judgment. Gen. The only time such a large pile up of cars makes sense is when the accident happens just over a hill, or when visibility is really really bad. When a driver of an automobile approaches another automobile from the rear, he or she must maintain a reasonably safe rate of speed and control over his or her vehicle, and exercise reasonable care to avoid colliding with the other vehicle. 16 Good Excuses To Miss Work On Short Notice What Kind of Insurance Does a Restaurant Need? The severity of the accident will largely depend on the speed and position of each vehicle; in some cases, physical damage to the car and drivers may not be present. Oh, and I wish they would emphasize being able to see the rear tires of the stopped car in front of you. Defeating Summary Judgment in Rear End Cases: Viability of the - ABOUT Gather as much evidence as you can to prove your version of events, including pictures and statements from witnesses. What to Do If You Rear-End Someone or Are Rear-Ended - Strock Insurance What is a non-negligent explanation when you rear-end somebody? @Leanne1986 Are you saying previous to your ticket you had never been taught proper distance between cars? If you arent right there they cant really jump out in front of you. realistically, if you rear ended someone in a traffic accident, and you were at fault, man-up and admit your mistake and take responsibility for your actions. Tell the police what happened, and be honest. PIP covers the driver for medical bills and lost wages, up to a certain amount, no matter who is at fault. That is, they wont fail (as an airplane would) simply by stopping; stopping doesnt cause a car to crash. Driver's licensed to operate a vehicle on our shared roadways have a general duty to operate their vehicle in a reasonable and safe manner to protect other pedestrians, drivers and passengers. Rear-End Collisions: Who Is At Fault and Who Pays? | Nolo I didnt realize they were going bad! On the other hand, you could simply choose a fake excuse from the list, and it will be effective as long as you stick to your story. Pick one of these excuses to break up with someone. And if hes in the sky with other planes flying similar course and speed, then as he slows he will certainly be hit by the plane behind him who is (prudently) maintaining course and speed as he gains (or loses) altitude to get back into clear air. Intentionally hitting the brakes to cause a reaction shows reckless driving on your behalf. Good job avoiding an accident and removing yourself from the situation by going to the shoulder. The rear driver is not ALWAYS at fault for tailgating accidents, however. Ive also seen people who clearly have road rage, go into another lane (presumably when they thought another driver had offended them in some way) pull in front of that offending vehicle and then slam on their own brakes. Some states, like Wisconsin, also have more general laws that make it illegal to do anything while driving that distracts from operating the vehicle safely. They can happen in poor weather, when someone jams on the breaks to avoid hitting a pedestrian, when smartphone texting is involved and in so many other situations. The three-second rule below is also used to find the appropriate following distance while driving at varying speeds: * 3-Second Rule: A minimum safe distance between two vehicles is considered to be the length required to stop in three seconds considering the speed of travel. What is the best excuse you have heard for someone causing a - Reddit Im having a personal issue that I need to urgently tend to, would probably be enough for a boss or a coworker not to ask you more about it. How does that happen? Motorists have a duty to drive at a reasonably safe distance and speed and be able to stop suddenly to avoid a collision if the front vehicle brakes suddenly. In 1972 I was driving on a freeway in Orlando, Fla, traffic was moderate & moving at the speed limit of 60. I managed to swerve to the right just in time to miss him. Feeling blue is kind of like being sick, so dont forget that you can just be in the honest zone when not wishing to share too much about what youre going through. Don't take it personally. Just imagine the following: you generally consider yourself a safe driver. Are people just not taking that into consideration when they drive? I took a course like that once, and I agree some of the refresher information was good. Talk to Strock Insurance. I rear ended the other person. A lawyer that knows what they are doing should be able to avoid this pitfall. The claim here is that the lead driver slammed on his brakes with no reason for doing so. In the same situation today I probably would have been able to swerve or stop sooner, but I was a young driver back then. Slow the hell down and more space between the cars! Note that this is different from a normal stop because the car in front of you is braking or a kid runs out into the road. Is the person going to accept your response if youre entirely honest with them? Duty to Take Reasonable Action To Avoid: Motorists are expected to take reasonable action to avoid a collision if and when opportunity exists to do so. Secondly, the right to a lawsuit is not limited to the auto insurance policy coverage you chose prior to the accident. [vii], There are certainly cases where the Court is not as forgiving when it comes to the sudden stop excuse. In this scenario the at-fault motorist will be held responsible for repairs, medical bills, lost wages, (economic losses) and potentially pain and suffering (compensatory compensation), and possibly punitive. Im not feeling well, could be anything in the world if youre having a health issue that you dont want to talk about. Even though youll be with your ex. The car behind her slams into her bumper and is now responsible for the accident as it had a duty to maintain a safe distance and speed from the vehicle it was following behind. to hit the back of one car with another in an accident: My new car was rear-ended while it was parked outside the station. ), then its more often than not going to be a failure to yield right of way situation, and the fault of the driver going too slowly (or making sudden lane changes) while merging. Also ask them what the statute of limitations is for suing you. "text": "If you were driving slowly at the time of the accident, it might appear the other driver did not suffer any damage. When merging right onto a road from a stop with someone in front of you who decides to go and suddenly stops without warning just as you begin to go and check traffic behind you. You've just been rear-ended. At this point the highway is four lanes with the far right merging to I-44 North and South (it splits). No-Fault Insurance - In these States motorists are required to purchase Personal Injury Protection (PIP) from their insurance provider. If not, then you need to increase your distance. A sudden medical emergency is another defense that we have seen numerous times while acting as attorneys in personal injury cases in Washington, D.C., Maryland, and Virginia. [v], There are cases that indicate that the sudden stop excuse can be used successfully to defeat a motion seeking summary judgment. By now you are used to people following too closely but it still can make you nervous. 1999). Steps to take immediately following a car accident involving being rear ended: Check yourself for any injuries. 34 Blame-free Excuses For Leaving Someone On Read - Excuse Index Keep reading to learn how to tailor them based on your specific circumstances. 32 Foolproof Excuses To Help You Get Out Of Any Plans This is why we buy insurance. Her vehicle crosses into the intersection. Some people assume that they always have the right of way, no matter what. Throughout all this, do not ever admit to fault in the accident, either to the police or the driver of the other car. 7/26/23 | BREAKING FOX NEWS July 26, 2023 | Fox News [ix], If the operator of the moving vehicle cannot come forward with any evidence to rebut the inference of negligence, the driver of the lead vehicle may properly be awarded judgment as a matter of law. And your husband should know better: the obstacle that should have been in the road in front of you was the vehicle whose driver prudently slowed to no faster than he could see in time to stop. OGDEN BROWER. I got in a bad car accident when I was 19. "@context": "https://schema.org", If you hit a parked car, or your car is hit while parked, it's important that you stay where you are and exchange information with the other driver. [x] Dileo v. Greenstein, 281 A.D.2d 586, 722 N.Y.S.2d 259 (2nd Dept. I wonder how that happened! I just grinned and sat back to watch the show. In Dileo v. Greenstein the Second Department found that the lower court erred in denying the plaintiffs motion for summary judgment on the issue of liability, as the defendants only claim was that the driver of the lead vehicle stopped short in heavy traffic. Cut me off. Contact us by calling our offices in Harrisburg, Lebanon or Camp Hill, orget in touch with us online. 42M subscribers in the AskReddit community. Unfortunately, many people fail to realize the potential dangers of rear-end collisions because they seem "less severe" than massive 10-car pileups. I was SO nervous. Brake failure is the final common defense that we see from people in D.C., Maryland, and Virginia rear-end accident lawyers and their clients. (Dont cheat on the count, either.). Unfortunately, tailgating drivers cant always be avoided. I see this all of the time where I live. We came up on a stop sign in town, he hit the brakes, and the car just slid on through the stop sign. You find a fixed spot on the road like a tree or mile marker, when the car in front of you passes it you count one one thousand, two one thousand (I guess you could use mississippi also) and at that point your car should pass the fixed object. I got a ticket after I rear-ended someone. Can I fight this No Excuse for Rear-End Collisions. - The New York Times How fault, negligence, insurance claims, legal action, the litigation process and compensation works after a crash strictly depends on the facts of the accident and where it happened. @Dutchess_III And that is why I dont live in the Midwest. 2001). Rear-ending someone by accident or without intent means the rear driver did not expect the vehicle in front of you to stop. They are pressuring you to speed-up, but you dont, and the next light turns yellow. 2005). My father was the only one who was given a citation. In general, rear-end crashes start with a lead vehicle and a following vehicle traveling in the same lane. Exactly. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content. So, do not admit it is your fault while the investigation of the accident is ongoing. Just imagine you are diving when a pedestrian runner makes a move to cross the street - jaywalking rather than using the crosswalk. This one is near and dear to me as it took me out of work for a month and totalled a car I loved. Buying Insurance Direct vs. I know.Its like they miss the signs that their lane is ending, and at the very end they just blindly follow the white line on the right as it merges in. 2. Take photos of the traffic, the roadway conditions, and the weather. However, how viable is the sudden stop defense? Lets talk a few days from now., Last night was crazy, and I dont have the energy to get out of bed today, hope you understand. I cant stand idiotic drivers. Remember, again, that even if it looks like theres no damage, there could still be problems. Duty to Drive at a Reasonable Speed: Motorists have a duty to drive at responsible speeds and failing to do so is a breach and could lead to being found negligent if a more reasonable speed would have avoided an accident event. The driver of the car in the rear hasn't left enough room to react, and hits the lead vehicle from behind. I guess I should have clarified. This issue ticks me off because Ive had other people hit me or cause me to have close calls because of their idiotic driving habits in bad weather. More information on specific State imposed duties can be found in our State by State statute resource. If the weather is bad, or its nighttime or your feeling tired or distracted or whatever else can be wrong, then the distance should only be increased. Your Internet Connection Is Down. September 18, 2018 - 23:19. . Here is what to do if you get rear-ended. So while my head is turned left and Im merging with the 4th lane, idiots come flying in from laned 3&4 because they wanted to stay in the fast lane, then jump in front of all of us merging right, to basically cut in line. Distracted driving combined with tailgating is a formula for a car wreck and serious injury. A driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent while taking into consideration the speed of such vehicles and traffic conditions. Whether you choose to be honest about it or not, if you do want to be asked again, make sure to reschedule. The front driver has to slow or stop for traffic. Keep enjoying partnership benefits without commitment. Contact us today. When I drive in the snow in I like to think of it like playing asteroids. [xi] See Ramirez v. Konstanzer, 61 A.D.3d 837, 878 N.Y.S.2d 381 (2nd Dept. @JLeslie Yes, the two second rule was what they were talking about on my course. Just imagine you are cruising along the highway at a good clip but it starts to rain, and traffic slows abruptly. Duty to Maintain Control of The Vehicle: Motorists have a duty to maintain control of their vehicle at all times and make reasonable adjustments to speed and operation for weather conditions, traffic, visibility and other road factors. rant If you rear-end someone, your license should be revoked, on the spot. How honest and specific do you want to be? You may change your settings at any time. 1999). It was strange, because semi drivers are usually among the best on the highway (right @SQUEEKY2? Moreover, in the case of Rosa v. Colonial Transit, Inc., the Second Department decided that although a rear-end collision with a stopped vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle, a triable issue of fact exists as to whether the driverof the stopped vehicle contributed to the accident by making a sudden stop. Tailgating happens when one vehicle follows too closely behind another and is a leading cause of rear-end collision events. Everyone has experiences with love, and everyone needs dating advice, so giving these topics more attention and spreading the word means a lot to her. You can clearly tell those drivers are moving very fast, then they either cant brake in time for someone else having trouble in front of them, or they simply lose control. If the above is not available, through taking a skillful deposition we are often able to demonstrate that the following driver is lying about our client suddenly stopping. When I was in HS, had about 1.5 years of driving experience under my belt, when an acquaintance drove my bf and me home from a party. What if I Have an Accident on My Driving Record That Didn't Happen? You read the message but were in the middle of something so you couldn't respond. Its okay to use these excuses as long as you dont overdo it or downright lie about it entirely. If you dont want to be asked about it, end the discussion by making it clear that you dont want to talk about it further. There is seldom a good excuse for rear-ending someone. I ran into my ex today and it tore me up emotionally, so I really need some alone time right now, hope you understand, is a very good excuse if its a real one. 1. If you were driving slowly at the time of the accident, it might appear the other driver did not suffer any damage. ago What is a good excuse to use when asked where I've been all day - Quora Then, contact your insurance company as soon as possible to report the accident and get the process of paying for damages to the other driver started, if necessary. It also helps them reconstruct the accident and determine fault. But since the driver of this vehicle is required to yield right of way, the onus is now on him to avoid the collision with other drivers. Cases of this nature are normally far more complex. Call 911 If you or anyone else involved in the crash may be injured, let the dispatcher know. This article was written by Legal Beagle staff. Get the peace of mind answers can bring, learn your legal options and the risks and potential rewards the law supports in your situation.