What if both cars are stopped at a stop light and then the car in front goes into reverse (while light is still red) Seems that can’t be the rear driver’s fault.
Brian
That almost happened to me, except I was able to narrowly avoid the maniac who decided to back up without looking.
That’s sort of the wrinkle with presumption of negligence. If you can’t prove your case, you’re hosed pretty much by definition.
Sometimes it makes sense to involve a forensic examination of the front car’s taillights to develop an expert opinion on the matter. There is some pretty clever stuff they can do with the light bulb filaments (so it won’t work with LEDs) to support an assertion regarding whether or not the bulb was dead prior to the crash. It’s expensive and not always convincing, so it’s rarely done. It’s much easier to just test the system and determine whether or not the wiring is functioning properly. If it is, and only one or none of the bulbs are out, then it’s really hard to explain how none of at least three separate light clusters lit up when the brake pedal was mashed.
Yeah, I was just going to ask if it’s even worth the trouble for most claims (unless a death or horrific injury were involved). I would think the cost and time coupled with the probability the claimant is telling the truth and the car ahead’s brake lights really were out just outweighs settling the claim quickly and moving on to the next one.
While the brake lights are helpful, they’re not the only thing I use to judge my distance from the car ahead of me. And if that distance is suddenly narrowing, then I’d better be braking even if I don’t see their brake lights.
I can see the brake lights making the difference in a borderline case.
If the animal suddenly in the road is a deer or larger, my hitting it may also cause me to lose control and may cause me to go off the road. And if it’s a cat or a dog, sorry, but I’m braking. I’ve had to do that quite a few times, for creatures of various sizes, and I’ve never lost control of the car or gone off the road because I braked. Icy/snowy conditions might be an issue; but both I and whoever’s behind me ought to be going slower in such conditions in any case. I’d still brake, but more cautiously.
Most cars now have ABS, which should reduce the chances of losing control while braking.
#3 the car in front was reversing.
Changes the burden of proof as to fault profoundly.
Regarding the “what happens if the car in front of me reverses into my front end?” question, I vaguely remember a detective story or maybe a cop show where this was proven by something about the reverse lights on the car in front showing some evidence of being illuminated at the time of the accident.
If a light bulb is illuminated, … uh, science and shit. 
The only time I’ve ever seen it advised to hit an animal instead of breaking is when a deer runs out in front of you. I’ve always heard it’s better to hit the deer than to serve and possibly lose control of your car (ESPECIALLY if it’s winter). I suppose it’s always a better option to only involve one car in an accident, rather than two or more. That said, most anyone is going to instinctually try to avoid hitting an animal that’s obviously a pet. Less so something like a deer.
I slid into the back of a car when the guy slammed on his brakes. This was a long line of traffic during rush hour, going 40, and he did so unexpectedly, in the middle of an intersection.
I got the ticket (and car was totaled)… yes, I didn’t leave enough room, but then no one else on the main drag was either.
If you hit a deer at speed, there’s a significant chance you’ll lose control of the car; and some chance you’re going to wind up with the deer through the windshield and on top of you, possibly still kicking. And/or the airbag may go off, which may also cause you to lose control.
I’ve seen advice not to try swerving, which makes sense, partly because swerving may take you into oncoming traffic or off the road where there may be a steep bank or other hazards, and also because the deer may also be swerving and in addition to your possibly losing control it’s not easy to tell which way to swerve. But braking is another matter. And if your car’s in any sort of decent shape and you’re not on ice you should be able to brake quite hard without losing control.
About deer – if you see one deer, or other creature, cross the road safely ahead of you, SLOW DOWN and look hard. There is often more than one dog. There is sometimes more than one child. There is occasionally more than one cat. There is always more than one deer. If you only see one, that means the others are already across – or just about to cross.
I hate traffic like that. I don’t mind fast traffic in which I can keep wide spacing, and I don’t mind slow traffic bunched up. But I hate traffic moving fast enough to cause major accidents but in which it’s not possible to keep spacing. I rarely have to drive in it; but a whole lot of people have to drive in it every day.
Our road code specifically states that running over small animals is preferable to coming to an “emergency stop” in traffic. Most common site for this is families of ducks crossing the road. You are only supposed to do this if you can stop safely - and the onus is on you.
My father rear ended another car which inexplicably stopped in the middle of an intersection, right in front of the “cop shop” - she was cited not him.
One defensive driving technique I was taught - if asked “what colour is the car behind” you should be able to answer without looking. If I recall correctly you should be checking your rear view every 3-5 seconds, if you’re doing this, you will have a pretty fair idea of what’s happening behind at any given moment if you need to emergency brake.
Bingo. At least in the day, you should be paying enough attention that you know about the car behind you.
I drive a two lane mountain highway over the continental divide every day. Six months of the year it’s snow and ice. Been doing it for 28 years.
I’ll pull over for the morons that want to tailgate. “Have at it. You want to go faster in these conditions? Go for it” I drive the speed limit, or a bit less in bad conditions. I run Blizack snow tires on a 4Runner.
And I sure as shit don’t want to hit a dear or moose (yes we have moose). I’ll ditch my car before hitting a moose.
Since I run good snow tires, I have to be careful of those that don’t if I happen on a yellow stop light. In Snow/ice, I may push it and go through if someone is too close behind me. Assuming they are in a car with “All seasons”.
Yes, this is the default assumption, unusual events notwithstanding.* Many if not most drivers habitually fail to maintain a safe distance.
*like the idjit who backed up into me at a red light while preparing to switch lanes so he could make a turn, apparently deciding that my blasts on the horn were a form of entertainment and not warning.
Fortunately no significant damage was sustained by either party.
Once I rear ended a car. We get out and he tells me he pulled out in front of me because “I was going too fast”. He seriously pulled out of a side road about 20 feet in front of me when I was going 40, which was the speed limit.
So I just told him to go fuck himself and drove away, my car had no damage. Never heard anything from police or insurance company. I wonder who they would have found at fault?
It affects how hard I brake, AFAICT.
Decades ago, a driver pulled out of a shopping center directly in front of me and there was no way of avoiding hitting her. We exchanged info, insurance, etc. When I called her insurance company, they said their customer told them I hit her car in the back. “Yes,” I said, “but did she tell you that she was pulling out of a shopping center driveway?” “Oh. That’s different.” It would have been the same if she’d had a stop sign.
In the 60’s, I was driving a small scooter and collided with the car in front of me. I told the officer that the car had no brake lights. The officer checked and saw the brake lights were not working.
The driver in front said the impact of the scooter knocked out both lights. The officer, noting a 90cc scooter impact, and my skid marks gave the first driver a violation of no brake lights and involved in an accident. I was not faulted.
The situation in that case is a bit different. This is someone who parked in the left lane of the highway and created a distraction by going to gather up the ducklings. Assuming she just parked without her parking brake being engaged, no rear lights would be seen.
Now, I don’t think the verdict is correct – I still think the traffic should have been paying more attention, but it’s a different set of circumstances than suddenly braking for a road hazard and having somebody behind you run into you.