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

[antree]

For anyone from NJ or anyone who might know. I thought a while ago, {many years} I heard that if you are driving and stop to let someone coming out of a lot, such as gas station enter in to traffic was no longer allowed. Is that true?

My DH rear ended a car this morning because the young girl ahead of him stopped suddenly to let a car enter traffic going their way from the opposite side of the road, 2 lanes the car had to cross to get in front of her, the car was coming out of a convenience store. Nothing happen to her car, but our van has a broken head light, fender and grill pushed in, now radiator is smoking!
Would you say she was at fault for it?
Didn't I hear you cannot do that anymore, waving a car to cross over the lanes, because it was causing accidents, or am I just crazy? is he at fault?

 

[java]

He rear ended her. It's his fault I believe. I'm in nj and have not heard of the "new law" you are talking about.

I found this though- but it's a civil thing and he "waved in" the car
Truck driver must pay for waving car into traffic before Neptune crash
By Carly Rothman/The Star-Ledger
April 19, 2009, 9:25PM
A truck driver who waved a car into traffic just before it collided with a motorcycle has been ordered to pay half of the $1.5 million in damages a jury awarded.
According to testimony, the June 2006 crash on Route 33 in Neptune occurred after David Carhuamacca of Queens, N.Y., waved in Thurman Baker of Neptune, who was in a doughnut store lot.
As Baker crossed the highway, his car collided with the motorcycle ridden by Michael Lewis of Asbury Park. Lewis sustained a concussion, a permanent arm injury and five cracked teeth.
Carhuamacca had denied waving Baker into traffic, but a police officer said the trucker told him otherwise at the scene.
The verdict reflects a provision in state law that holds drivers liable if they negligently wave others into traffic.

 

[JustineMarie]

In NJ it would be ur husband that is at fault. You have to maintain a safe following distance so that even if some one does stop suddenly, you still have time to react.

 

[deerhart]

depends on your state law and case law. Here in MO, even in a rear end collision, the driver who hit the other can be found to be not at fault if he could not predict the actions of the driver in front of him.

For example suddenly slamming your breaks on the interstate can mean the hitting driver isn't at fault versus stop and go traffic resulting in a rear end collision where the driver behind would always be at fault.

In your case, I would guess the difference would be if they were in stop and go traffic like coming up on a red light line and she stops short of the line to let a car through OR if traffic is going along normally and the lady just suddenly hit her brakes.

Either way, the insurance companies will work it out usually (though they are not always right)

 

[disneyworldaddict]

I heard that too, but I don't know if it ever became a law.

Its true that if you rear-end someone you are at fault for driving too close. I know this because both my husband and daughter were involved in similar accidents. Fortunately, everyone was OK and thats whats really important. Cars can be repaired or replaced, loved ones can't.

 

[NemoMOm]

Hi,

I worked for a major ins. co. for 6 years. Your DH will be at fault. If this is first accident in awhile the should forgive it and not increase his insurance.

 

[msmayor]

Your DH definitely at fault. The reasoning used is always that if he was maintaining a safe following distance AND paying attention, he would have had plenty of time to stop after seeing the brake lights of the vehicle ahead of him.

It doesn't matter why the car ahead of him stopped. She could have stopped because a child ran out, or a dog, or some obstruction blew in her lane. She is not at fault for not continuing; the driver behind her is at fault for following too closely and not paying attention.

 

[scrapquitler]

For anyone from NJ or anyone who might know. I thought a while ago, {many years} I heard that if you are driving and stop to let someone coming out of a lot, such as gas station enter in to traffic was no longer allowed. Is that true?

My DH rear ended a car this morning because the young girl ahead of him stopped suddenly to let a car enter traffic going their way from the opposite side of the road, 2 lanes the car had to cross to get in front of her, the car was coming out of a convenience store. Nothing happen to her car, but our van has a broken head light, fender and grill pushed in, now radiator is smoking!
Would you say she was at fault for it?
Didn't I hear you cannot do that anymore, waving a car to cross over the lanes, because it was causing accidents, or am I just crazy? is he at fault?

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.

 

[Donnask8pro]

NJ law states, "You must have control of your vehicle at all times". No matter what the person in front of you does, you have to stop.

I also rear ended some bozo lady that stopped in a yield and started and stopped and started and stopped and started and I hit her. I guess I must have left my crystal ball at home that day, I had no clue wth she was doing..

 

[DISNEY1975]

For anyone from NJ or anyone who might know. I thought a while ago, {many years} I heard that if you are driving and stop to let someone coming out of a lot, such as gas station enter in to traffic was no longer allowed. Is that true?

My DH rear ended a car this morning because the young girl ahead of him stopped suddenly to let a car enter traffic going their way from the opposite side of the road, 2 lanes the car had to cross to get in front of her, the car was coming out of a convenience store. Nothing happen to her car, but our van has a broken head light, fender and grill pushed in, now radiator is smoking!
Would you say she was at fault for it?
Didn't I hear you cannot do that anymore, waving a car to cross over the lanes, because it was causing accidents, or am I just crazy? is he at fault?

Lets hope he "hit" the right person.

This happened to my son last year. Car in front of him stopped short to let someone out of a side street. My son hit the person, luckily they were all stopped at a light just seconds before and they were not driving too fast.

My son was resposible for the accident (by the insur. company) and even given a ticket from the police for "following to closely"....then.....

6 months later, my insurance company sent me a letter saying they are still working on the claim as the other driver, who drove away with a small scratch on the bumper and said she was FINE at the scene, hired a lawyer and wanted pain, suffering, loss wages etc..I forget what her ailment was something like soft tissue aches...he wanted thousands. I told the insurance agent she was out of her mind, and the agent told me "sometimes you just hit the wrong person"

I dont know what became of it because after the insurance company refused to renew our policy the following year, I didnt keep in contact. I asked the agent what this accident would do, as in increase, to our policy. She said they had a "first time forgiveness program" and it wouldnt do anything.

Yeah right...I guess I was the one who was suppose to forgive them for leaving me without insurance and having to search for a new company with an accident on my sons record.

Good luck to you!

 

[it's kelly]

This happened to my son last year. Car in front of him stopped short to let someone out of a side street. My son hit the person, luckily they were all stopped at a light just seconds before and they were not driving too fast.

My son was resposible for the accident (by the insur. company) and even given a ticket from the police for "following to closely"....then.....

6 months later, my insurance company sent me a letter saying they are still working on the claim as the other driver, who drove away with a small scratch on the bumper and said she was FINE at the scene, hired a lawyer and wanted pain, suffering, loss wages etc..I forget what her ailment was something like soft tissue aches...he wanted thousands. I told the insurance agent she was out of her mind, and the agent told me "sometimes you just hit the wrong person"

I dont know what became of it because after the insurance company refused to renew our policy the following year, I didnt keep in contact. I asked the agent what this accident would do, as in increase, to our policy. She said they had a "first time forgiveness program" and it wouldnt do anything.

Yeah right...I guess I was the one who was suppose to forgive them for leaving me without insurance and having to search for a new company with an accident on my sons record.

Good luck to you![/QUOTE]

That is so aggervating! I had an accident last summer when a woman pulled out in front of me and stopped short. Since I rear ended her it was automatically my fault. When the police came and the car was not in her name/no insurance/out of state drivers license/in state address she said she needed an ambulance. There was one small scratch on her bumper. I didn't even hit her hard enough to make my airbags go off.

Nothing bothers me more than scam artist.

I hope your son is ok with driving again.

 

[dclfun]

Your husband would be at fault. I can also personally attest to the fact that sometimes the aches and pains are not apparent until a day or so after an accident when someone is rear- ended. Not everyone is a scam artist.---Kathy

 

[antree]

Thank you all for the responses. He was only going about 10mph, he just came off a turn out of the side street near the school. So he wasn't going fast at all. Our car got the bad part of it because as he says its a piece of you know what. He hates our Van, we have the Town and Country. I was just looking into trading it too, we leave for Disney next week and now he thinks we need a radiator, great! and we are driving.
Hopefully, please pray she doesn't respond saying anything is wrong. Dh said there wasn't even a scratch on her car.
Guess we'll wait and see.

 

[tinatark]

We were in a similar accident in September - right lane left an opening for someone to pull out of a parking lot - the lady pulled out of the parking lot, into the left lane, which was occupied by us! She didn't get a ticket (small town, nice police officer) but her insurance company immediately took responsibility for the damages - totaled our car.

 

[Illuminations_Rocks]

Just an FYI, I wouldn't drive it around (other than to a shop) if you think there is a problem with the cooling system. You could be held liable for any add'l damages this may cause, because you didn't mitigate your damages.
Her car probably does have some damage if his car is that damaged. It is probably just hidden under the bumper cover.

Sorry to hear of the unfortunate timing!

 

[eliza61]

I'm afraid your dh may be at fault. My ds just got his Jr. License and according to his driving school manual, drivers in NJ must be in control of their vehicles and must mantain a safe distance at all times. His instructor specifically made mention of rear end fender benders at the mall, where people tend to stop and pull out suddenly.

Sorry, but hey be grateful that no one was injured. My neighbors kid was in a terrible car accident on the way to the shore. He was seriously injured and the it was considered a "low speed" accident. I think he was only going 27 mph.

 

[scooterpig]

Can't comment on who is at fault .. but I did just want to say that I can't stand these people who are inconsiderate to the 10 or 20 cars around / behind them, just to be "considerate" of one driver that wants to pull onto the main road. What jerks.

 

[it's kelly]

Your husband would be at fault. I can also personally attest to the fact that sometimes the aches and pains are not apparent until a day or so after an accident when someone is rear- ended. Not everyone is a scam artist.---Kathy

I'm aware not everyone is. I'm not going to get into this any further but where I live there are many who are and it is well know by the police dept.

 

[sanapunk]

I thought NJ was a no fault state?

 

[PatMcDuck]

Just to say DD is a newly licensed driver, in NJ. Out of some misguided sense of "paying it forward", or trying to be a polite driver, I have seen her STOP her car, on a road to let a car out of a side street or parking lot. I have corrected her several times about this, it is scary for me as the passenger when she does this! I said, look, you can let someone out if it is a bumper to bumper situation, or a merge or lanes, but otherwise you are risking getting rear ended, so knock it off.

Just a warning to everyone, there are new drivers out there doing unexpected things. And I do continue to "teach" even though she has her license. (she is 18).

And I still think the driver who hit the car in front is the responsible one.