| BigTrucker |
What are the rules/laws regarding stopping without reason on a road? I tried searching through the links in the sticky in this section but couldn't find anything.
The reason I'm asking is that I rear ended a car today because she randomly stopped on the road.
We were accelerating on Stony Plain road heading west and crossed the north bound lanes of 170 st and then she suddenly stopped when she was approaching the south bound 170st intersection. She was the only vehicle that stopped and did it for no reason and I slid into the back of her. I'm not arguing that I hit her and I know legally it is my fault. When we pulled ahead she said she heard sirens and stopped but didn't know where they were coming from, apparently she was the only person on the road that heard them.
When I went to report it and file the police report (my F-350 at 25ish km/h fucked up her Kia) the cop just took my report and did his paperwork with it. I asked him if I will be receiving a ticket as I thought you usually get a 'follow too close' or 'undue care and attention' ticket with these accidents and he said that there is no grounds to issue a ticket based on either of our statements.
So since the cop didn't lay any fault is it now up to the insurance companies to now duke it out, or am I still automatically at fault since I hit her from behind? |
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| newaccorddriver |
when i talked to my insurance company last year, they said that cops can issue fault to whoever they want, but in the end its up to the insurance companys that are fighting to find out whos truly at fault.
its not common for someone to get rear ended and be at fault. if you have a witness that can tell the insurance companies that she just stopped for no reason, you might get a 50/50, but even then its hard to say cause you hit her from behind. file a claim and hope for the best |
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| Jord@n |
| I hit some kid on a one-lane highway because he slammed on his breaks *thinking* he saw a deer. No dead deer, I didn't see shit... The kid was 14 with his learners. Guess who got fault... Yep... Me... :dunno: |
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| anschutz_93 |
Theoretically the lady you hit could be accused of insurance fraud (which case you would be off the hook, somebodies insurance would cover it...) but that is very unlikely in a "hit from behind" accident such as yours. Generally you will need more than a few good witnesses who saw the accused intentionally causing an accident. I cant really remember but I think insurance fraud is a indictable offence, meaning its really not something that your want to be charged with... If she did stop with intention for you to rear end her gl trying to get her to admit to it.
A good example of this kind of fraud would be if someone is turning left at an intersection with reasonable regard for oncomming traffic, and a single car from oncomming traffic intentionally accelerates and hits the car turning left without touching the breaks. The person intentially caused an accident and would be in some major shit if anyone got hurt in the other vehicle. However for any charges to be laid good witnesses would be needed.
Regardless if you dont have any witnesses that she slammed on the breaks for "no reason" there is nothing you can do. GL with your insurance, if you are lucky your company may overlook it if you have a otherwise clean driving record and have been with the same company for a long time. |
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| drew_goring |
quote:
Originally posted by Jord@n
I hit some kid on a one-lane highway because he slammed on his breaks *thinking* he saw a deer. No dead deer, I didn't see shit... The kid was 14 with his learners. Guess who got fault... Yep... Me... :dunno:
Which is why you should always leave ample distance between your car and the car in front of you. Maybe he actually did see a deer? |
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| BigTrucker |
quote:
Originally posted by drew_goring
Which is why you should always leave ample distance between your car and the car in front of you. Maybe he actually did see a deer?
Everyone always says you shoulda coulda blah blah, the truth is people shouldn't randomly stop.
If the guy slams on his brakes everytime he sees a shadow in the ditch he is going to end up with his trunk in the back of his head real quick.
I am not 100% focused on the car directly in front of me when I drive, I'm always looking around and ahead for potential things that will affect me. 99.9% of the time I anticipate these things and act accordinly before to avoid situations like this, some people are just shitty drivers and slam on the brakes when they get scared. It's these random acts that fucks everybody else up.
Oh well, bitch was in a Kia. The damage is over $1000 so the insurance will probably write her car off and give her another cardboard box with wheels to drive. |
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| Tech2 |
| Hope this one turns out well for you, totally not your fault. I can't stand it when people pull that kind of move, stopping, making an "emergency" turn with no warning, merging without looking, pulling out into traffic feeling the entitlement to the space you're in, all that kind of shit. I especially hate it when I have a full load on the trailer. Were you hauling at the time? |
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| Lakerfan32 |
quote:
Originally posted by Tech2
Hope this one turns out well for you, totally not your fault. I can't stand it when people pull that kind of move, stopping, making an "emergency" turn with no warning, merging without looking, pulling out into traffic feeling the entitlement to the space you're in, all that kind of shit. I especially hate it when I have a full load on the trailer. Were you hauling at the time?
You know what's absolutely amazing. All the douchebags that actually think the woman in her "cardboard box" is at fault. You're driving a rig rocket, maybe pulling a load like the douchebag I'm quoting, and you're pissed you couldn't stop as fast as she could. You know what? I've had people stop randomly in front of me and I could stop in time. You know why? I leave lots of room and try to anticipate the worst. The roads are shitty right now. You take extra care. Wow, I'm a fuckin' genious aren't I?
Maybe we should make this a slogan. "When the roads are shitty, be extra careful. This means all you mullets in your jacked up SUVs too."
It looks like that cardboard shitbox Kia stops faster than your shitbox F-350. Either that or you've got the reflexes of an old grandma. Either way, you're 100% at fault. |
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| BigTrucker |
quote:
Originally posted by Tech2
Hope this one turns out well for you, totally not your fault. I can't stand it when people pull that kind of move, stopping, making an "emergency" turn with no warning, merging without looking, pulling out into traffic feeling the entitlement to the space you're in, all that kind of shit. I especially hate it when I have a full load on the trailer. Were you hauling at the time?
Nah, I was in my wifes truck coming back from doing some errands. If I was in my work truck and hit her she wouldn't have been getting out of the car without help from EMS. People like to think that my work truck has the same braking ability as their little car and don't think I need all of that extra space I leave between cars. One of my other trucks taught a lady that lesson last Thursday as she did the quick swerve and brake. My truck won.
quote:
Originally posted by Lakerfan32
You know what's absolutely amazing. All the douchebags that actually think the woman in her "cardboard box" is at fault. You're driving a rig rocket, maybe pulling a load like the douchebag I'm quoting, and you're pissed you couldn't stop as fast as she could. You know what? I've had people stop randomly in front of me and I could stop in time. You know why? I leave lots of room and try to anticipate the worst. The roads are shitty right now. You take extra care. Wow, I'm a fuckin' genious aren't I?
Maybe we should make this a slogan. "When the roads are shitty, be extra careful. This means all you mullets in your jacked up SUVs too."
It looks like that cardboard shitbox Kia stops faster than your shitbox F-350. Either that or you've got the reflexes of an old grandma. Either way, you're 100% at fault.
haha, wow. I guess my wifes truck is a jacked up rig rocket now. People always hate what they cant have.
And you always anticipate the worst? So I assume your the clown doing 45 down the whitemud in the left hand lane just to be safe? Give me a fucking break son. I don't anticipate people to pull random bull shit stops like that in the middle of the road, and dont kid yourself, you don't either. |
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| Tech2 |
If you could anticipate all the crazy random shit people pull, then it wouldn't really be random. You know, like pulling in front of someone then stopping in moving traffic. You know, the kind of moves that are possibly illegal and that people do NOT do 99.9% of the time. I'd be pretty impressed with you for actually anticipating someone stopping dead in front of you for no reason. Reacting is different, but have fun not colliding with someone doing the exact opposite of what should happen on the road, when they are too close, and on icy winter roads.
quote:
Originally posted by BigTrucker
People like to think that my work truck has the same braking ability as their little car and don't think I need all of that extra space I leave between cars.
Yup, there's another one that sucks. Or the people who figure you're being a jerk for slowing down in advance of a turn farther than their econobox has to. |
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| KrunkLord |
quote:
Originally posted by BigTrucker
People like to think that my work truck has the same braking ability as their little car and don't think I need all of that extra space I leave between cars.
Funny that i don't think that, but when i'm stopped or driving trucks LOVEEE to get really close me. Its one of the most annoying things in the world...a idiot test should be taken before u get a Super duty duel wheel HID lights trucks.
FYI because its a truck, does not mean no on can see you driving with your brights on...i can...very clearly infact. |
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| Tech2 |
| If it's possible, I hate jerk drivers of lifted or dually trucks more than jerk car drivers. Especially when I'm in my 2 and their front bumper is right at my forehead level. I just hate that king of the road attitude that some guys get. I also get a big chuckle seeing those guys in the ditch. I don't know why they seem to think that because they have a lifted 4x4 icy conditions don't apply to them. |
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| rythex |
| Insurance fraud? what did I miss something? |
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| mcmanus7 |
| I don't know if there is a law about stopping in the middle of a roadway.... however it is illegal to stop and park in a roadway (unless it is an emergency/break down).... I believe it's labeled under obstructing a highway? |
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| AuZZZie |
quote:
Originally posted by Lakerfan32
You know what's absolutely amazing. All the douchebags that actually think the woman in her "cardboard box" is at fault. You're driving a rig rocket, maybe pulling a load like the douchebag I'm quoting, and you're pissed you couldn't stop as fast as she could. You know what? I've had people stop randomly in front of me and I could stop in time. You know why? I leave lots of room and try to anticipate the worst. The roads are shitty right now. You take extra care. Wow, I'm a fuckin' genious aren't I?
Maybe we should make this a slogan. "When the roads are shitty, be extra careful. This means all you mullets in your jacked up SUVs too."
It looks like that cardboard shitbox Kia stops faster than your shitbox F-350. Either that or you've got the reflexes of an old grandma. Either way, you're 100% at fault.
What a fuckin joke.. This is why STATISTICALLY edmonton has the worste drivers in Canada. Cause they think like you.
This hole hit from behind is always the person behinds fault in this country needs to be scraped. Its BS.
Driving at 30km with 1.2km gap in rush hour traffic is not realistic. At MINIMUM situations like this should be 50/50. Locking up for no reason is or should be ILLEGAL. Its dangerous. Why do they get off scott free?
I guess its the same reason everyone here thinks pedestrains out rule a 3500lbs piece of metal on a roadway designed for vehicles. |
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| JeepGirl |
quote:
Originally posted by Tech2
If you could anticipate all the crazy random shit people pull, then it wouldn't really be random. You know, like pulling in front of someone then stopping in moving traffic. You know, the kind of moves that are possibly illegal and that people do NOT do 99.9% of the time. I'd be pretty impressed with you for actually anticipating someone stopping dead in front of you for no reason. Reacting is different, but have fun not colliding with someone doing the exact opposite of what should happen on the road, when they are too close, and on icy winter roads.
That is how this happened a year ago:
Hubby leaving work, just pulled into the median lane on 149st, just starts accelerating, turns his head to shoulder check and this woman bee-lines from a side street, across 2 lanes and stops dead in front of him.... trying to get into Costo..... not bothering to stop for her stop sign.. he turns his head forward and saw nothing but taillights.. muffler... gas tank explode all over the front of our car.. forcing her car into the one in front of her and that car into the one waiting to turn left at the lights..
She whined and cried....
So it was his fault...
:mad:
I still miss that car...
*EDIT*
The smelly tree's were to get rid of the smell of truck bed liner we used on the floor... |
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| Jizmo |
I feel for you man, drivers like this cause more accidents then the speeders driving 50km over the limit. Almost happened to me, was coming from downtown and entering Groat Rd, woman stopped in the middle of traffic RIGHT after the merge. I knew my 95 corsica wouldn't stop in shit so i had to manuver and drive in the gap between the snow bank and her black SUV. Hit the snow bank but kept going, an inch from her car.
I believe there should be a maximum speed, and also a minimum. Fuck the 60km drivers left laned on the whitemud. |
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| bboybean |
Whether she stopped for "no good reason" or not YOU rearended her , so obviously you wernt a safe distance away PERIOD
Im not saying she isnt stupid for stopping randomly but If you were really paying attention and were aware of road conditions you would not have hit them.
Anyways , im not sure what insurance you have but Allstate has that accident forgivness thing that could probably help you out or maby play up the icy road condidtions when talking to your adjuster. I have a couple friend who work in diff insurance companies so maby pm me and I can see what they can do for you (if someone doesnt help before anyways).
I really dont mean to be a dick too |
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| AudiInProgress |
quote:
Originally posted by bboybean
.
Dude? Where did the pythons go! |
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| bboybean |
lol, although I know alot of people here will miss mah sexy pic I think this current avatar is more relavant to this site. When i registered I just finished making that avi for one of my bodybulding forums.
I can send you the fullsize file if you want :thumbup: |
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| Invalid Zero |
quote:
Originally posted by AudiInProgress
Dude? Where did the pythons go!
They turned me on so much I couldn't concentrate at work anymore so I politely asked him to remove them. :p
Your new one looks more like an RSX than a Focus. :dunno: |
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| bboybean |
| I just pulled it off some avi site, doesnt look like my focus though. I wanted an RSX but wife made me get a 4dr :( |
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| rp_guy |
soooooooooooo
the general consensus is that the rear ender will most likely be at fault, eh? |
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| dtjohnst |
quote:
Originally posted by rp_guy
soooooooooooo
the general consensus is that the rear ender will most likely be at fault, eh?
Almost always is, almost always should be. If a cop had've zipped by, buddy would be saying "Fuck, shouldn't have been so close." The problem is, there was no reason to stop, so people get pissed.
Should people be stopping for no reason? No. Do they? YES! So if people are "anticipating all the hazards" as they claim, they'd be anticipating this one too.
But when people stop for no reason, people who hit them get upset. There's a lot of factors that lead to this resulting in a collision. Following too close, driving too fast, looking at something else, poor vehicle maintenance, slow reflexes, poor road maintenance, etc. Not all of these apply all the time, but more than 1 applies all the time, or there wouldn't be an accident.
The fact is, if she wouldn't have stopped for no reason, there wouldn't have been an accident, but that's not the only factor that could've been removed and avoided the accident.
I rear-ended a woman who stopped in a yield when there was no traffic, because when she accelerated I shoulder checked and BAM, she had stopped, for no reason. If you think about it, no one says "This bitch stopped for no reason and hit me." They say "This bitch stopped for no reason and I hit her." Says it all right there. "I hit her." If you hit her, you're at fault. And if the tables were reversed and the law went the other way, just as many people would be here whining about how they got screwed. |
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| AudiInProgress |
What about fuckers who come up to an intersection and slam on their brakes and come to a complete stop before merging into traffic... Even though there is a giant yellow "FREE FLOW TURNING LANE" sign?
That's the most aggravating shit ever. |
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| dtjohnst |
quote:
Originally posted by AudiInProgress
What about fuckers who come up to an intersection and slam on their brakes and come to a complete stop before merging into traffic... Even though there is a giant yellow "FREE FLOW TURNING LANE" sign?
That's the most aggravating shit ever.
If you rear end them when they do that, my statement is the same. If you're not rear ending them.....I don't see what your point is except to pad your post count. :dunno: |
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| AudiInProgress |
quote:
Originally posted by dtjohnst
If you rear end them when they do that, my statement is the same. If you're not rear ending them.....I don't see what your point is except to pad your post count. :dunno:
Good ol' dtjohnst...
Could the individual up front receive a ticket for "failure to obey traffic control device" because they ignored the free flow sign? |
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| dtjohnst |
quote:
Originally posted by AudiInProgress
Good ol' dtjohnst...
Could the individual up front receive a ticket for "failure to obey traffic control device" because they ignored the free flow sign?
Doubtful. I don't think that counts as a traffic control device. I'd classify that as an informational sign. As far as I know there's no precedence for that either and I don't think a court would uphold it if they fought it.
And in any case, if they "fail to obey it" and you hit them, I doubt any insurance company would side with you anyways. If someone stops at a green 'cause of a brain fart and you smash into them, you'd still be at fault in my opinion. It doesn't matter where someone stops. If you rear end another vehicle, you're at fault. Either you were too close, or you weren't paying enough attention. If you weren't too close, there'd be time to stop. If there was time to stop but you were busy ascertaining other hazards, you should either be paying more attention to potential hazards at your 12 o'clock or leaving more space to account for the fact that you aren't as focused on what's in front of you.
You can't claim to be leaving adequate space and paying adequate attention and then claim you didn't have enough time to stop. Either you were on top of your driving and therefore could stop, or you weren't and couldn't. The only other explanation would be poor vehicle maintenance on your part. Which you'd also be accountable for.
I can think of no rear ending scenario where I'd side with the person in back off the top of my head. And that includes the one I was in for which I accepted full responsibility. |
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| newaccorddriver |
quote:
Originally posted by dtjohnst
I can think of no rear ending scenario where I'd side with the person in back off the top of my head. And that includes the one I was in for which I accepted full responsibility.
a former co-worker of mine was in a debatable rear ender a little while ago.
what happened was he stopped right behind another car at a stop sign because there was a collision in the intersection and the police just got there and started blocking off parts of the road. the guy in front of him got inpatient and reversed his truck and my co-worker 'rear ended' him while being stationary. im not sure what the end results of this accident were, but i know that ICBC wanted it to be a 50/50, but my co-workers wanted the other guy 100% at fault. |
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| AudiInProgress |
quote:
Originally posted by newaccorddriver
a former co-worker of mine was in a debatable rear ender a little while ago.
what happened was he stopped right behind another car at a stop sign because there was a collision in the intersection and the police just got there and started blocking off parts of the road. the guy in front of him got inpatient and reversed his truck and my co-worker 'rear ended' him while being stationary. im not sure what the end results of this accident were, but i know that ICBC wanted it to be a 50/50, but my co-workers wanted the other guy 100% at fault.
Would be very interested to know how that turned out! You should get ahold of your buddy and find out for us?
dtjohnst,
I realize that 99.99999999% of rear-enders are the person in back's fault. I was just curious. And you answered my question as thoroughly as I would have expected. Thanks. |
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| dtjohnst |
quote:
Originally posted by newaccorddriver
a former co-worker of mine was in a debatable rear ender a little while ago.
what happened was he stopped right behind another car at a stop sign because there was a collision in the intersection and the police just got there and started blocking off parts of the road. the guy in front of him got inpatient and reversed his truck and my co-worker 'rear ended' him while being stationary. im not sure what the end results of this accident were, but i know that ICBC wanted it to be a 50/50, but my co-workers wanted the other guy 100% at fault.
That's not a rear ending. As I said a few posts back, no says "They stopped dead and hit me." If you rear end someone, you hit them. If you're stationary and you get backed into, that's getting backed into, not them getting rear ended. Just because damage occurs to the rear of a vehicle doesn't mean it's the same thing. |
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| deathwarden5 |
quote:
Originally posted by newaccorddriver
a former co-worker of mine was in a debatable rear ender a little while ago.
what happened was he stopped right behind another car at a stop sign because there was a collision in the intersection and the police just got there and started blocking off parts of the road. the guy in front of him got inpatient and reversed his truck and my co-worker 'rear ended' him while being stationary. im not sure what the end results of this accident were, but i know that ICBC wanted it to be a 50/50, but my co-workers wanted the other guy 100% at fault.
I know someone who was in that exact same situation. She was at a red light behind this woman. All of the sudden the woman ahead of her start going backwards and hits her. The woman tells her insurance company that she was rear ended.
I think they even went to court or something over it. |
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| dtjohnst |
quote:
Originally posted by deathwarden5
I know someone who was in that exact same situation. She was at a red light behind this woman. All of the sudden the woman ahead of her start going backwards and hits her. The woman tells her insurance company that she was rear ended.
I think they even went to court or something over it.
That's why if you're ever in an accident you should ALWAYS get witnesses, no matter how obvious the accident seemed. If everyone takes off, jot down a few license plates. |
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| NESTLE |
| Ive always said to myself if some bitch slammed on the brakes for no reason on me and i hit her.....i'd keep fucking pinnin the gas and pushin her even if its my fault, might as well make the dumb bitch feel it |
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| Dan_Gyoba |
Doesn't matter what you tell yourself.
I was in a situation once where some idiot in a van cut out of an intersection (He had a stop sign) into my lane of traffic. It was slippery out, and I was presented with the choice of ramming into the side of his van, or trying to avoid it. No TIME to choose, just there it is. I swerved, and put my car over a median. $1600 damage to tires, wheels and body.
It was a company van, so at least I could track down who it belonged to. Called the company, talked to the owner, and he got me the insurance info.
The insurance company (eventually) gave me $700 and told me (Rightly so, legally) that they didn't actually have to give me anything at all, since what technically happened was a single vehicle accident.
So, I tell myself that if the choice comes to do something drastic to avoid an accident, or let it be someone else's fault, I should let it be someone else's fault...
Still, in a similar situation later, I did the same thing, and avoided the collision. Fortunately, I didn't damage my car that time. It goes to show though that you do what you do in the situation, then go over the "shoulda" options later. |
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| Stainless |
| There is a law against slow driving. I believe it's an Edmonton bylaw, and it's only in force during what amounts to rush hour. It's worded sorta like "vehicles shall not drive unreasonably slow or block traffic". I think its section 89 or something around there, I'll see if I can find it. |
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