Who is at fault in this non contact accident?

Question

im being tailgated so i break check the guy he continues to tailgate me so i try to get away and at high speeds over 100 mph i change lanes along with him and he loses control of his car crashing but says i cut him off and witnesses say we were racing but in my police report i say I'm fleeing from this crazy because I'm pregnant and didn't want this guy running me off the road. nothing happened to my car. who is at fault?

Answer 1

that's crazy.

you are only responsible for your own actions.

even if, and I mean *IF* you were racing, you are in no way responsible for damage to his vehicle.

break-checking is a good way to get yourself shot.

Answer 2

Both of you will likely be held responsible as you drove in gross excess of the speed limit.  

What you *should* have done is to pull over and let him pass.  Instead, you sped-up and went to 100 mph.  By doing so, you endangered everyone's life including yours and whom-ever happened to be around.  

The tail gater lost control on his own accord.  YOU are not likely to be held responsible for his losing control.  He did this on his own.

You, on the other hand, made a bad judgment.  

Anyway, you made your own statement as to why you did this.  I would stick by it and if you have to go to court, restate why you did this.  Either way, I don't think you would escape punishment entirely.

Answer 3

You both are at fault.  (IMHO)

1) He is, obviously, for racing (which he admits) and tail gateing you.

Sorry.. I dont really buy into the "I'm pregnant so I get a "get-out-of jail-free" concept.   Why would you expect someone is out to run you off the road in the first place.?

2)  You contributed to this accident by:

    a)  Break Checking him.. you could have just let him pass you or slowed waaaaay down keeping the way ahead open should you need to exit quickly.

    b)  You sped up.  Come on, girl.. you are PREGNANT and you are racing down the road at 100+ mph.    Where is your brain?  You could have killed both passengers in your car and you are damned lucky the other guy didn't get seriously hurt.   All you had to do was drive to some public area or better still cruise to a Police or Highway patrol station.

At worst.. you WERE racing..

at best your judgment is soooo bad.

.  Sorry but you need to take a reality check before you do something that can not be fixed with bondo and blame.

.

Answer 4

Tuff question. What does the official report form the police state? In other words what do they think?

You were wrong to break check the guy. He was wrong to tailgate you, and you were both wrong to be driving @ 100+ mph.

Answer 5

At this point, it does not matter who was originally at fault. Because the other guy is going to say one thing, and you are going to say something else, and the cops are going to have to use their best judgement. Which does not always work in your favor.

You should have either let him by, or if he was chasing you, pulled over and called the cops then. People tail gate on a regular basis, never brake check them. Then they could rear end up and it would be your fault.

And bloody h**l, you're pregnant, you sholdn't be speeding! If he's tailgating you maintain speed and he'll either back off or pass you.

Answer 6

You are probably both at fault.  100 MPH ?  That is crazy !hoever, fault here will be determinedby the insurance company