If I am driving and I brake and the driver behind me crashes into me can they sue me?

Question

cars, sue, crashing, whiplash, police law, suit

Answer 1

no that is there fault they are tailgating you witch is illegal you can sue them tho

Answer 2

In general, the person who hit you from behind is at fault 99% of the time. If they sue you, they are far more likely to lose than to win. However, this depends on your specific circumstances. For example, if there's nothing ahead of you, and you hit the brakes to "brake test" them, then they may have grounds to sue you.

Answer 3

9 times out of 10 the person that gets hit from behind will not be at fault, the only time that it could possibility be your fault is if you are reversing or you pulled right in front of the other person causing them to rear-end you.

Answer 4

You can sue for anything now-a-days if you have a good lawyer.

In most states a rear-end collision is frequently (but not always) attributed to the rear vehicle.

Generally, if you cause another driver serious bodily harm or death in an accident (your at fault), then they (family) could sue you.  It would depend entirely on the circumstances.

Answer 5

they can but you just simply make a counter suit and sue them for tail gating and negligint behavior and damages to you r vehical they are at fault and the is what is called a no fault claus that explains that one very complex  but very accuratelly

Answer 6

There's alot of variables in that question. Anything is possible in this crazy world these days. It all depends on the venue your in and lawyers of course.

Answer 7

It depends on the situation. If you were driving and suddenly decided to just slam on your brakes for the h**l of it, that is reckless driving, and you are at fault. If you were braking for a legitimate reason and the person was simply not paying attention to your actions and hit you from behind (as in, you stopped at a stop sign and they hit you or something comparable) then they are considered at fault. If the other driver is at fault, you are not liable for any damages resulting from the accident (to the person or their vehicle). If you are at fault, expect your insurance to shoot through the roof if they decide to take you to the bank for the accident.

Road laws differ from state to state, so check with your insurance agent to see how liable you are.

Answer 8

In the USA, anyone who can afford a lawyer can sue for almost anything.  The real question is "Can they WIN a lawsuit?"

The answer in your case is probably no, but they can make your life a living h**l before and during the trial.  Talk to your insurance company (you DO have insurance, don't you?) to see if they will support you in this action.  If not, then it's time to find your own lawyer.

Answer 9

no it is always the driver behind you - their fault for not maintaining a proper space in between you and them

sue them for excessive dumbness

Answer 10

Not in the UK, its the following driver who should be aware, they should be driving at a safe distance behind and capable of stopping in that distance in an emergency.

Same still applies even if some d**k hits the brakes for no apparent reason.

Answer 11

Not likely. They would be following too close.

Answer 12

Whether the person can hope to collect anything from you depends on the jurisdiction you are in.  Some jurisdictions have what is known as "proportional negligence".  In other words, if you are deemed to be 90% at fault, the other person (who would obviously be 10% at fault) can collect most, but not all, of the value of damages from you.  Other jurisdictions use the principle that if you are 99.9999% at fault and the other person is 0.0001% at fault, neither of you can collect any money from the other.

As a general rule, if Person A rear ends Person B, then Person A will be at least partly at fault, meaning he will almost never be able to collect in jurisdictions which don't have proportional negligence.  Even if jurisdictions which do, Person A will in most cases be deemed at least as negligible as Person B, meaning he probably won't be able to get more from Person B as Person B will be able to get from him.

About the only scenario I can picture where you would be deemed 100% at fault (and thus susceptible to having to pay) is if you moved into his lane almost immediately in front of you and then immediately slammed on the brakes, such that he never had a chance to avoid the accident.