Is hitting someones car in the back always your fault?

Question

Ok, say i was driving, and its pouring rain.. im going under the speed limit 55km/h in a 60 zone because of the rain, also im about just over 3 cars lengths behind the car in front of me, which i beleive any resonable person would see as resonable in ther circumstances, and i beleived a safe distance to be able to come to a stop. However, they hit their brakes, on a straight road, no turning, i then hit mine, however my breaks locked up and due to the wet road, hit them..not hard, but enough that their probs going to want a fixed bumper. They said they got cut off, and that, that driver left straight away. I never saw that driver in front of her, so too my knowledge this person has just stopped in the middle of a straight road. Which, i beleive if stopping for no reason..must be illegal? Lets assume, she stopped for no reason, on a straight road, is it still my fault if i was following everything that any resonable person would do on a raining day while driving? Remembering i was a full 3 car lengths behind, and she acknowleged that i was too. Thanks.

Victoria, Australia thanks.

Answer 1

Yes. Anytime you impact the rear of the vehicle in front of you, you are considered to have failed to maintain a safe following distance. That's the bottom line.  

Answer 2

It's almost always your fault.

The reason is that you are expected to drive IN CONTROL

of your vehicle- and that means that even if the other driver

stands on the brakes (for whatever reason) and you hit

them; you are automatically considered to be not in

control of your vehicle. I know it sounds hokey, but that's

just the way it is.

Answer 3

Not always, but it is in this case. You should leave at least 1 car length for every 10 miles per hour. More in bad weather.Only if you can prove a "Squat and swoop" insurance fraud, are you NOT responsible for a rear end accident. Stopping for "No reason" is NOT illegal in any case.

Answer 4

Regardless of how far behind, you hit her.

In Canada we call that driving too fast for road conditions, obviously the conditions were not good enough to stop.

3 car lengths at 55-60 is not very safe. You should be at least two seconds behind.

The laws in Australia and Canada are very similar and in particular, the insurance companies and rules.

Civilly, you are responsible, no doubt about it & no matter how far behind you are, you hit them.  You are putting your energies into the fact you thought you were a safe following distance.  Put your energies into analyzing the fact you did hit that car and why?

Answer 5

Yes unless you can find a witness that would support you side of the story because other than that it would be your word against his or hers and you would be at fault..

Answer 6

3 car lengths was not enough so it is still your fault, check your spelling.

Answer 7

It's still your fault.

Answer 8

I'm pretty sure that people are allowed to stop in the middle of a straight road if they feel like it. Even if there wasn't a car there, then the driver thought there was. Since you were behind it is expected that you should be driving cautiously enough to not hit the car in front of you. I don't think it matters how far behind you were, unless you were given a tailgating ticket. I think you might be in a different country, but I would bet you're still at fault.  

Answer 9

your fault...YOU hit them...if some one stops in road its you job not to hit them...ie. to stop..

Answer 10

yes, always; unfortunately. Sorry. Anticipate and keep a longer distance when it is wet; always expect people to stop in the middle of the road for n reason - it happens.

Answer 11

you where still following to close for the road conditions,you have to have more space between cars for the weather,and your cars stopping distance,and you where the last person to try and avoid the accident,if possible you could have turned to the left to avoid hitting her car...

Answer 12

I'd say half and half. You pay 50% of the bumper, and next time resolve to stay EVEN FURTHER AWAY since it's raining.  

Answer 13

Striking another vehicle in  the rear is not always your fault but in this case it is.

Following too closely, or tailgating, is illegal and dangerous (as you just found out).

You may have been 3 car lengths behind or you may have been 10 car lengths behind but if you can't stop in time then you are still too close.

The fact that you struck the other vehicle is absolute proof that you were following too closely.

It is your responsibility to consider such variables as reduced visibility and wet roads when determining your following distance.

You could see the car in front of you. That you couldn't see whatever she stopped for is irrelevant.

Even if she had stopped "for no reason" it would not relieve you of your responsibility to not strike her vehicle.

About the only way this could not be your fault would be if she was in another lane and suddenly switched into your lane (leaving you with less than safe following distance) and stopped suddenly.