Stopped driver caused wreck over cellphone

[rlmblm21]

There is such a thing as "impeding the flow of traffic", or something like that. And Po-po can decide to fault the other person. I know this is "dated" information, but years ago, someone stopped on 575 (or maybe it was 75), north of us, because they said the fog confused them. Someone else came along and rear ended them, but the person who stopped on the interstate was faulted. It's rare, but it happens. Keep pushing the fact that the driver admitted to stopping in the middle of the road. If it caused a hazard, or impeded the normal flow of traffic, they might be faulted.

 

[Ghost941]

I'm afraid if you rear ended them it is automatically your fault. Your wife will most likely get gigged with following to closely.

Except not. I've found the party with the damage in the rear end at fault on more than one occasion.

BTW.... Glad to have ya back brother.

 

[StuP]

Like it or not, nearly everyone follows too closely, me included. I'm not saying who's at fault here, just that rear ending accidents are something that could be almost eradicated if people would remember driving is being responsible for a very deadly weapon, not a secondary hobby whilst talking, texting, staring at the accident in the other lane or tailgating believing the person in front's about to suddenly speed up or vanish.

 

[Marietta tony]

Who gets the ticket is not always a indicator. Wife did the same in stop and go traffic. Officer would not give her a ticket because he didn't see more than $200 in damage. None visible on either vehicle.

A year later I was shopping and renewing our insurance. I told the quoting agent of the accident but no tickets or claims. He then informed me that it was a $8800.00 claim. $1800 damage and $7000 personal injury.

When I asked my agent, he said they got a lawyer and it was under the 10,000 threshold that they would investigate/ inquire and it was cheaper to pay. They got fired.

Im glad no one was injured, but expect a ding on your insurance record.

 

[sparked1]

Not necessarily 100% the person in the rear. Certain circumstances and situations (similar to this one), I have charged the driver in front with improper stopping in the roadway. Now unfortunately, just because the person in the front is an idiot doesn't relieve the person following from the fact that you can't just run into the back of a vehicle (hence following to closely) - unless we're talking about a hillcrest, blind curve, etc. I try to look at all the variables before I make a determination.

If no one got a ticket, I would say that both drivers are going to probably have contributing factors (1. Improper stopping 2. Following Too Closely) and it will be up to insurance company to determine percentage of fault.

Who worked the crash? Local or GSP?

Yup. I got a ticket once for improperly stopping in the middle of the road and a lady completely demolished my (brand new) car from behind. She also got a ticket for failure to brake or following too close (can't recall). We both filed a claim with our own insurance. I was 16 at the time.

 

[lostgeorge75]

If no one got a ticket, I would say that both drivers are going to probably have contributing factors (1. Improper stopping 2. Following Too Closely) and it will be up to insurance company to determine percentage of fault.

Who worked the crash? Local or GSP?

Local police worked it. It was a state highway in a 45 or 55 MPH zone.

 

[Realtor]

your wifes fault

 

[avmtdan]

Shouldn't this be looked at as they stopped, the person in the rear did not? I agree that stopping in the middle of the road is borderline stupid (oddly enough saw someone on jekyll island do the exact same thing in a jeep directly in front of me this weekend), but its the person followings responsibility to see and avoid. Hard to be responsible for those behind you. Was your wife on her phone at the time too?

 

[lostgeorge75]

Old truck, no anti-lock brakes, wet roads and lot of traffic. She tried to stop and slid. She was obviously following closer than she should, like a lot of people do in traffic. Not trying to take away from her that she bears some responsibility, but I do think the other driver does too. Stopping quickly on a state highway to pass a phone to someone in the back seat is borderline wreckless unless you're goal is to get hit.

 

[palmettomoon]

You can't "following too closely" a damned stopped car. Jeesh.