OT/ Driving in NJ, Accident When a Car Stops Suddenly.

[tinkerbell198530]

I just got my permit and I was driving to school with my dad. I got rear ended and I was affried the lady that hit me would yell at me but that was not the case she just said she was sorry and it was the end of that, but keep in mind it was my first accident so I was a little nervous

 

[cjlvsccm]

I never heard of this, but I have always been told that the general rule of thumb is "The person who rear ends another car is ALWAYS at fault." Period, end of discussion. I don't think there is any exception to this rule, because if you are not able to stop in time to avoid hitting the car in front of you that stops suddenly, it means you are following too closely.

So I think your husband is at fault.

I can share an exception to that, which might be what the OP is thinking of... if the car you hit has "Failed to Yield the Right of Way", such as pulling into (even slow-moving) traffic because someone who meant to be nice waved them out of a side road/parking lot. In such a case, the person trying to be "helpful" has just prompted the person entering traffic to break the law. Please, everyone, just let them wait their turn. And expect to wait your turn when it's you trying to enter traffic.

My DH hit a car in this situation, as the driver didn't stay in the lane the "waver" offered, but crossed his lane. The officer wrote up that driver at fault, much to her amazement. Of course, the "waver" didn't hang around when the crash happened, so I don't know if that person would hold any legal responsibility.


OP -- Sorry to hear of your situation, which does sound like your hubby's fault. I'm glad that no one was hurt, and I hope you can get your van taken care of!!

 

[msmayor]

I can share an exception to that, which might be what the OP is thinking of... if the car you hit has "Failed to Yield the Right of Way", such as pulling into (even slow-moving) traffic because someone who meant to be nice waved them out of a side road/parking lot. In such a case, the person trying to be "helpful" has just prompted the person entering traffic to break the law. Please, everyone, just let them wait their turn. And expect to wait your turn when it's you trying to enter traffic.

My DH hit a car in this situation, as the driver didn't stay in the lane the "waver" offered, but crossed his lane. The officer wrote up that driver at fault, much to her amazement. Of course, the "waver" didn't hang around when the crash happened, so I don't know if that person would hold any legal responsibility.


OP -- Sorry to hear of your situation, which does sound like your hubby's fault. I'm glad that no one was hurt, and I hope you can get your van taken care of!!

This is precisely how my car was totaled years ago. I was traveling in the far right lane of a four-lane highway, headed to a traffic light. There was a line of traffic in the left lane waiting to make a left, and evidently one driver made a 'space' so that a car traveling in the opposite direction of us could turn into the gas station just at the moment I was coming up on the right. I smacked right into the car, as I did not expect at all a vehicle to be turning at that time.

Indeed, the "turning car" was ticketed for careless driving.

It is ALWAYS the driver's responsibility to be certain that it is safe for him/her to enter or cross a lane of traffic. ALWAYS. You cannot assess blame to the 'waver' as it is not their responsibility to ensure that the traffic is clear; it is always the driver's responsibility to know when it is safe to proceed. You cannot rely on another driver to tell you it is ok to move.

 

[swilshire]

Don't know about New Jersey, but in Tennessee, if you hit someone in the rear, you're at fault no matter what they did. You're supposed to leave enough distance between cars to stop regardless of the actions of the driver in front of you.

Sheila

 

[MaryKLady]

I thought NJ was a no fault state?

Yes, it is (last I heard). And unless you INSIST the officer issue a ticket to the "guilty" party, your insurance companies will just settle it and you will be responsible for your deductible.

 

[tinkarooni]

I thought NJ was a no fault state?

That is not what no-fault means...trust me someone is always at fault.

 

[tink_n_pooh]

I thought NJ was a no fault state?

It is but the "no fault" part refers to medical coverage not who is at fault or anything to do with damages to the vehicles, points on licenses or insurance, just medical coverage.

http://wiki.answers.com/Q/What_is_no-fault_insurance

 

[iheartjacksparrow]

As far as I know in NJ, you hit someone-it's your fault.
And I never heard anything about that law.......

 

[Purseval]

That's actually a pretty common insurance scam. A person will be driving and they have a passenger watching the cars behind them for an inattentive driver, especially one with a cell phone. As soon as the driver behind looks away the passenger signals and the driver jams on the brakes. The driver slams into the car and all of the occupants are "badly injured" with neck and back problems.