is this for real??

[troublesum79]

What is the name of your state?missouri
i was just in an accident and i was the only one injured. i am unclear exacly what happened but told that i should file a report with the police. i was driving 20mph and the appropriate distance behind the car in front of me. the car in front of them however slammed on thier brakes to make a turn. the car in front of me slammed on thiers to avoid a collision. in order to avoid hitting the car in front of me however i ran off the road. the car i was driving belongs to a friend and he has insurance. so question #1...will his ins. rates go up if his ins. has to pay for my injuries? #2even tho i did nothing wrong and have 5 witnesses who will say the same, how can i be at fault? #3 the man that slammed on his brakes parked his car and ran down the street and jumped in another car. is it not his fault for the accident if he was driving wrecklessly?
and how can i prove he was if all the police will tell me is that i MUST have been too close to the car in front of me if i had to swerve to avoid an accident?the police said if i file a report i will be in trouble and not him. one of my witnesses is an auto ins. saleperson, and she said there was nothing more i could do. the police wont find this man......what if he was intoxicated,? or on drugs? STILL my fault?? i can use all the help i can get. thanx, CW.

 

[divgradcurl]

"the appropriate distance behind the car in front of me"

By definition, the "appropriate distance" you should maintain between yourself and the car ahead of you is enough distance so that you can safely stop in case of an emergency. By your own admission you couldn't stop in time and had to swerve to avoid the car in front of you -- therefore you couldn't have been an "appropriate distance" behind the car in front of you, and were therefore following too closely.

The alternative is that you were an "appropriate distance" behind the car in front of you, but you weren't paying attention and didn't notice the car in front of you slowing in time to stop. Since this means you were driving in a negligent manner -- that is, not paying attention to the road in front of you -- that doesn't help you either...

 

[troublesum79]

it was my understanding that you are supposed to be one car length behind the car ahead of you for every ten miles per hour you are driving. is that not the proper distance? the car in front of me barely stopped in time. if i had new brakes of possibly even anti-lock brakes i may have stopped in time. i still dont understand. i was going 20 mph and 2 car lengths behind. would it be my fault if something unexpected such as loss of brakes on my car had happened? and if that first car didnt use a blinker? thanx.

 

[divgradcurl]

The 1 car length per 10 miles per hour is a rule of thumb. You are suppossed to adjust the distance according to road conditions, weather conditions, your driving abilities, the braking capabilities of your car, etc. Basically, if you can't stop in time, you are too close. I know that seems like an after-the-fact definition, but that's what it is.

The guy not using his turn signal is not really an issue -- you are suppossed to be in control of your car at all times when driving, and that includes being prepared for unexpected circumstances. If your brakes failed that may change things somewhat, but since that is not what happened, it doesn't matter.

 

[RunningOnEmpty]

You are at fault for your accident.

The car in front of your was able to stop quickly and avoid that third car, but you had to run off the road to avoid hitting the car in front of you.

You definitely DON'T want a police report for this accident. You will be at fault.

In California, the law enforcement people will usually go with "excessive speed for conditons," rather than "following too close". This doesn't mean you were speeding, it only means that you were traveling too fast to react to an emergency condition requiring you to stop, or otherwise avoid an accident.

If the owner of the car you were driving carries medical payments coverage on their policy, their insurance should pay for your doctor bills, regardless of fault.

 

[troublesum79]

thank you for your advice everyone. i found out that there was a problem with the brakes in the car i was driving. unfortunately that does not help very much other than to set my mind at ease that this truly was not my fault as i was unaware of the problem. it simply reassures me that i need to know all problems with a vehicle b4 i drive it. now i am just grateful that the only one harmed was me. CW

 

[stephenk]

the one car length per every 10 miles is no longer used. The two second rule is typically used for safe following distance.

While travelling behind a car pick a stationary object on the side of the road (sign, bench, road marker, etc.)

When the car you are following passes that object, start counting. If you pass the same object within 2 seconds you are travelling too close.