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Add a comment - Reply to : #
Despite your absentmindedness, OP, the guy's an embecile for saying it was your fault. I'm pretty sure rear-ending someone is illegal in every state.
In MI it's 99% the fault of the person who rear ends you. Hell, I had a friend who clipped a woman's back-left fender when the woman turned left in front of her with too little room to do so (coming out of a business while friend was driving down the road) and the cop still gave said friend a ticket. SO...FYL for having someone be a cuntrag at you over knocking your bike over, YDI for spitting at anyone for any reason.
That sucks, but it was completely his fault. It doesn't matter how it happens, a collision is always the fault of the person in the back.
Not at all true. If it can be proved in court that the person in the front was driving incorrectly, they are at fault. The only reason the person who runs into the other is usually found to be at fault is because usually they ARE at fault, generally because they failed to brake correctly. However, say I t-boned a guy when I had a green light, and he ran a red. The police are obviously going to find the other guy at fault, even though I collided with him, because I had the right to expect that I could cross the intersection.
Although I agree with most of what you said t-boning another car is not the same as rear ending someone. They broke a traffic rule and you hit them in the side of the car, meaning they were directly in front of you unexpectedly and you did not have time to stop, automatically their fault. A better example would be if you were going through a green light and the car in front of you stopped abruptly. That car broke a traffic rule, but someone could argue that if you had been paying attention you could have braked on time to avoid the accident.
Okay, it wasn't "definitely" his fault - for all we know, the OP DID stop real quick. Plus, we've seen they are quick to spit at a person. Could be a bad driver, too! Yeah, legally it's the person in the back whose fault it is, but doesn't mean the OP didn't slam on his brakes causing it.