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Who is at fault here?


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Hey guys! So, I got in a wreck on my way into school this morning. I was following a Honda Odyssey and the traffic light in front of us turned yellow. The woman in the Odyssey seemed to speed up for a second to make it through the light, and I figured I could make it as well. Next thing I know, she has her brakes slammed on. I slammed on my brakes as well (no abs). She ended up stopping in the middle of the intersection, and I slid into the back of her van. The speed limit on the road is 35 mph, and I figure we couldn't have been going much faster than that, if at all. No airbags went off either. The back of her van got crunched up pretty good, and the liftgate wouldn't open anymore. The left side of my front bumper got pushed in, so whenever I would make a right turn, my tire would rub on the bumper. Thankfully, everyone was ok. At the time, I figured I was the one at fault because I had heard that 99 percent of the time, the one who rear ends the other is at fault because she stopped in the middle of the intersection. But everyone I've talked to about it thinks I'm not at fault. I know that there are some police officers on this site, and I was wondering if I could get an opinion. No cops were called at the time because there wasn't a dispute as to who's fault it was.

Here's some pictures of our vehicles afterwards:

My truck

DakotaFrontEnd.jpg

You can see how close the bumper is to the tire in this picture

DakotaSideFront.jpg

You can see where my bumper mount/frame was pushed through the bumper itself

2012-11-09_12-28-22_197.jpg

And here's the damage to the Odyssey

Odysseyrear.jpg

As far as I know, there was no reason for her to stop in the middle of the intersection like she did. I may have missed something, but I didn't see any other cars turning or driving through the intersection. So what do you guys think?

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First let me say that I feel bad for you, being in this position :(

Second, I say it is her fault for driving in an unpredictable, and dangerous manner - stopping in the middle of the intersection. But good luck trying to prove that to the insurance company/police. I will say that if you weren't following as close, this probably wouldn't have been an issue. Or at least I assume you were following close.

How far in the intersection did the other driver stop? That could really make the difference between the other driver's fault and yours IMHO

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Here stopping in the middle of the intersection does not make it her fault.

First of all you said you sped up to make the yellow light as did she.

Your fault right there.

Second of all you where obviously following too close if you did not have enough braking time, 35mph should be 3.5 car length behind her you should of been.

Your fault again.

Third you said you rear ended her. She cant make you rear end her, that control is all on you, inattentive driving.

Your fault yet again.

No police called, your fault again..... LMAO

Anytime the accident reaches over $1000 in damage (sometimes $500) you should notify the police department to file a report.

Without the report you can not make an insurance claim (it being your fault, your insurance would pay to fix her vehicle, as well as yours if you pay your deductible).

So now you will probably receive a letter in the mail that your being sued by her. Looks about $1200-1500 in damage on her van.

and Edit, I dont by the "she stopped in the middle of intersection story one bit"... Let alone stopping in the middle of an intersection when the light would of been close to being green for the traffic crossing the other way. You would have to be pretty stupid to speed up to make a yellow light, than hit the brakes right in the middle of the intersection which at that point you might as well keep going unless your intentions where to be tboned. But still doesn't make it her fault. Because if you wherent speeding up from 35mph to make a yellow light, and if you wherent riding her ass and giving you proper braking distance you wouldnt of had an accident.

 

 

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i agree with audiofanaticz.. its your fault. you should never think for the other person as you dont know what they are going to do.. my brother does the same. always assume what the other driver will do and that there is a driving fail.

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If im not mistaken its 1 car lenght between you Ans the person infront of you at 35 MPH and 1 car length for every 10 MPH after that. I could be wrong though. Which I do actually think I am

Even if your not at fault moat state laws will put it at your fault and you will have to prove why it should be her fault. Speeding up to make a light is reckless driving on her part but you did that of the same.

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If you race a yellow light and end up in an accident its your fault.

Im gonna say this is still your fault in this situation still.

t1500bdcp

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singer alt, tons of wiring, smd vm-1, 80prs, back seat delete, still in the works, aiming for a 145-147 with the ability to play 25hz up to 50hz.

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Just going to chime in on following distance. I say a car length for every 10 mph is just wrong. I try to keep between 2 and 3 seconds of space between me and the car in front of me. Usually erring closer to 3, maybe 4 if the weather is shit. Even when the guy in front of me does a full abs-enducing stop, I only need to stop firmly, which reduces my chance of getting rear ended as well lol

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