scott8629

A friend of mine was involved in a RTA yesterday afternoon.
It happend on a clear stretch of single carageway a-road.
She was driving the speed limit and she suddenly braked (she does not know why, she said her foot may have slipped on to the brake)?

Whilst she was braking a bloke in a white astra van went smahing into the back of her.
He must have been going fast as his skid marks (no joke) are quite long before the impact.

Who is in the wrong here?
I know she probaly should have not been braking but van man should have been paying more attention.

Comments and advice please?

Scott

Dave_A

If she thought there was a hazard on the road, or something may be about to run out into the road, she is within reason to slow down. Shes probably within reason to slow down down for whatever reason anyway.

Van behind should have had enough room to stop should a vehicle in front slow or stop unexpectedly. Insurance companies (and the police) take the view that its always the driver behinds fault for not being prepared to stop their vehicle sfaley.

Hopefully your 'friend' didn't admit to anything at the time, in which case she should allow the insurance company to sort it out.

Dave
www.scoobyphotos.com

Jiggerypokery

Comments only:

Although it could be argued that the van man should have been paying attention, should have left enough braking distance, and should have been able to stop in the distance he could see...

try braking sharply on a clear single carriageway A road with a police car travelling behind. Your friend may be guilty of careless driving or something like that (I'm not a lawyer or copper, so I'm only guessing) for causing other cars to swerve/brake etc when there was no emergency.

Try 5ive-o for advice from friendly traffic officers...
http://www.5ive-o.com/web/index.php
"Law and Related"

scott8629

Friendly traffic officers?

anc-sti

Although braking like that is a bit odd, rear impacts are the fault of the car behind unless the driver can produce witnesses who will back his/her claim that the driver in front was driving carelessly. Even then I reckon it would be hard to prove, as the driver infront can claim there was a obstruction which caused them to brake and the driver behind hadn't given a safe gap between the to cars.

Plus if his skid marks are long there is the potential to prove they where travelling a excessive speed.

WRXPete

In most cases it will be the man behind, specially as the skid marks would go to show it.
In the odd case it might be the person in front, but it would have to be exceptional....but technically, as the following person, you should be prepared that the person in front might emergency brake at any moment....i'd say she has nothing to worry about, and he may or may not get stuck on for due care!

JamesPRJones

My only involvement in an accident was when a tractor stopped and reversed into me on a country road (i think he was pulling over to allow me to pass and selected a wrong gear - nothing malicous i don't think). As I got close to overtake he came straight back into me. His boss told him to say I drove into the back off him and in court it was his word against mine and he won. There were no independant witnesses.

Tell her to let the insurance companies sort it out and admit nothing.

richto

No witnesses? Dont you have any friends? ;-}

DazW

iTrader: (1)

dozy cow should just hold her hands up ...how the **** can you go from foot pressing down on your accelerator to suddenly braking???

DazW

iTrader: (1)

What a f&*%ing w&nker!!! ...id have poisoned his bl00dy livestock!!!

Scooby-Doo

I hope you didn't leave it there. I would have burnt the farm down

JamesPRJones

My mate was in the car with me but friends/family aren't considered independant witnesses. Police attended the scene after I phoned them but it was some dozy bitch copper who couldn't assess what happened. It was obvious from the skid marks that I had been pushed back (unless I skidded from the grass verge into the middle of the road - LOL). The tractor had a balancing weight on the back (at windscreen level) that came straight through the windscreen and partly buckled the roof. It was only the fact it hit the steering wheel that prevented me and my mate being decapitated (and the fact we ducked). I had only had the car a month and insured it 3rd party for the 3 months before my 25th birthday. Thought I'd be safe to go Fully comp after then. I contacted one of those companies that don't cost anything if they lose, to represent me, and like they say, you get what you pay for. They were as useless as the copper. They gave the barrister who was to represent me, the accident details just as we were about to go into court. They arrived literally 2 minutes before we entered, so I asked for the hearing to be adjourned to another date because I didn't think it was enough time for him to fight the case. Because of this, the company had a right go at me and said they weren't going to bother with another date for me or continue with my case. So I had no choice but to drop it.
Although the car was written off by the insurance company I got to keep it (3rd party - no claim, etc). It was a Peugeot 205 Gti 1.9 in excellent condition except for the obvious damage, so my brother's mate, who worked in the bodyshop for Peugeot offered to fix it at his house in his own time. It cost me £1000 all in which wasn't bad considering it was written off at £3500. It got a complete red respray and it was absolutely immaculate. I kept the car for 4 more very enjoyable years and wished I had kept it. Second best car I've owned after my Scoob.

James