Automotive

Got rear-ended...who's at fault?

Sr. Member
Aug 17, 2009
541 posts
34 upvotes
Frankie3s wrote:
Sep 7th, 2010 10:18 am
+1. I fully agree. It's another example of a poor driving skills. Can you imagine people doing this on the 401? Stopping in the middle lane whether it be a slow or dead stop just because the want to change lanes. If you miss your exit, drive on through to the next one and then go back. Honestly, the OP should be at fault for this stupidity.

+1. If you can't manage to get off. Do so on the next one. Driver's manual clearly indicates in just about everything "when it's safe". Sorry but please drive better. Even though you won't likely be at fault for anything on the books. I really do hope you learn your lesson not to do anything like this ever again.
Deal Addict
Mar 14, 2004
2512 posts
142 upvotes
North Etobicoke
Guys that what lanes are for, it is YOUR responsibility to be in the correct lane to end up where you want to go. You cannot expect other drivers to know what you want to do (we do try our best) if you not in the correct lane you go around and come back again, it happens to me too, I swear and ***** for missing my exit because I did not get into the lane earlier but do not stop in a live lane, it's deathly.
Deal Addict
Nov 29, 2009
1315 posts
89 upvotes
Toronto
The OP was absolutely INCONSIDERATE but not at fault. The other driver was not paying attention or following too closely. If the other driver was paying proper attention they would not hit a car THAT WASN'T MOVING.

OP = Selfish and inconsiderate
Other driver = at fault and wasn't paying attention and assumed there would be no obstacle

Anyone who thinks otherwise is straight up wrong.
Deal Expert
User avatar
Mar 18, 2005
15528 posts
616 upvotes
Niagara Falls
my guess is the other driver wasn't really even following the OP but came up later and was not expected a live lane to have a person STOPPED in it because they missed their exit. Even worse is if somebody is changing lanes and changes into the middle lane.

Obviously they should be paying more attention and must be at least partly at fault if not mostly at fault(I'd say more like 50/50) but that does not give people the excuse to stop in a live lane just because they missed their exit, or they want to pick up a water bottle off the ground or answer a cell phone or any other numerous reasons.

I much prefer the outcomes of B.C. on this point.
Sr. Member
Aug 17, 2009
541 posts
34 upvotes
Evil Baby wrote:
Sep 7th, 2010 11:01 pm
my guess is the other driver wasn't really even following the OP but came up later and was not expected a live lane to have a person STOPPED in it because they missed their exit. Even worse is if somebody is changing lanes and changes into the middle lane.

Obviously they should be paying more attention and must be at least partly at fault if not mostly at fault(I'd say more like 50/50) but that does not give people the excuse to stop in a live lane just because they missed their exit, or they want to pick up a water bottle off the ground or answer a cell phone or any other numerous reasons.

I much prefer the outcomes of B.C. on this point.

Yea, the partial faults on both sides is great. but that's just fence sitting or compromising. Which isn't the worst idea but I can't see that being very effective. Just the insurance companies win i guess.
What i'm saying is yes agree the OP wasn't driving properly and Yes the other driver should have paid enough attention to avoid the collision either by changing lanes him/herself or by keeping a distance or for the worst possible - to stop also.
But I still believe that OP is more so at fault due to the fact his driving reminds me of impair drivers I encounter on the road at night or even some alcoholics during the day. They drive like normal, occasional swerve, and some randomly ABSOLUTELY ridiculous - stop at FULL greens. yes I pay attention to not hit them but it could have easily resulted in a stupid collision

Also to note is the "kind" and "volume" of traffic varies throughout different highways in cities but essentially all highway driving should never result in someone making a lane change like OP attempted.
Deal Expert
May 30, 2005
38152 posts
942 upvotes
Richmond Hill
FastFret wrote:
Sep 7th, 2010 10:06 pm
Image

The OP took care to slow down gradually. Used signal lights properly. Stopped not 'without reason' but to obviously wait until he could access the exit lane. And caused the crash because he should have the common sense to get out of the way of some moron about to drive into him because they broke two cardinal rules of driving: staying attentive and keeping their distance.

Yet, the consensus here seems to be poor judgment or lack of common sense at play by the OP, whose vehicle was evidently driven into from behind. That and some irrelevant whines about highway driving, road selfishness and obvious frequent irks that seem to affect the majority of posters here.

The OP asked a simple question to which there is equally simple answer. The one who caused the crash is the one who was behind. Period. How difficult is that to understand since it's worded in plain English? There will always be people slowing down to a stop for a variety of reasons, be it an old lady having a panic attack or a young guy staring at the crash cleanup crew at the site of another 'accident' on the opposing lanes of the highway, most likely caused by another idiot keeping too close or daydreaming or both.

'Stopped for no good reason' :confused: let me enlighten you, there is always a reason for stopping, it just may not be to your liking but that should be either irrelevant here or relevant in your own little thread if it bothers you that much.

+2

OP might not be a very good driver having not planned the lane change in advance, but the other driver is a much worse driver than OP is. If you can't even pay attention to the car in front of you, then you shouldn't be driving, period.
Deal Addict
User avatar
Aug 15, 2006
2838 posts
180 upvotes
Kingston
So let me get this straight:

You made a lane change and then got hit? If this is the case you should be at fault as you didn't check your mirrors thoroughly enough before changing lanes. You also quoted that you heard a long honk, was this while changing lanes or were you already in the lane? If you were changing lanes while the horn was honking probably from the person that hit you, then you are at fault for making a bad lane change. Why didn't you just stay where you were? If I heard a long honk, I'd be looking 360 degrees to see where that horn is coming from before I proceed with my lane change.

Now yes you did have a signal on, but that doesn't mean anything. A signal simply means that you have intent to go right or left, but this doesn't mean that ppl have to let you go right or left. It is simply a communication tool to let everyone around you know what you want to do.

The biggest mistake however, is that you didn't call the police. The other driver can now deny the whole thing as there is no police report and since they also have the witnesses info and you don't, you're basically SOL. So I can see this completely blowing up in your face.
Deal Fanatic
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Jul 4, 2004
6937 posts
343 upvotes
When the other driver had sounded their horn, and if the OP was attentive he should've taken the corrective measures to avoid the accident that he so wrongly caused by accelerating instead of sitting there thinking to himself "how I ever got my driver's license, I'll never know." It's easy to try and not find fault with the OP's negligence but think about this. What if the car behind the OP was able to slow down and stop behind him while he was trying to change lanes when another vehicle comes along and slams into the back of the second vehicle instead? Who's fault would it be? Not the OP's because he's since taken off? What if this scenario did play out and someone got killed?
Sr. Member
Jun 13, 2009
852 posts
80 upvotes
Frankie3s wrote:
Sep 8th, 2010 12:16 am
When the other driver had sounded their horn, and if the OP was attentive he should've taken the corrective measures to avoid the accident that he so wrongly caused by accelerating instead of sitting there thinking to himself "how I ever got my driver's license, I'll never know." It's easy to try and not find fault with the OP's negligence but think about this. What if the car behind the OP was able to slow down and stop behind him while he was trying to change lanes when another vehicle comes along and slams into the back of the second vehicle instead? Who's fault would it be? Not the OP's because he's since taken off? What if this scenario did play out and someone got killed?

No, OP wanted to change lanes but couldn't find an opening so to avoid missing the lane that turns right he came to a stop in his lane. Dude behind hit him. I'm assuming he was going slowly to begin with if he was trying to find an opening. Either way, he got hit from behind which makes the other guy at fault. Not sure what OP would be charged with..obstructing traffic or something??

Anyway, gonna be pretty interesting if the other driver call's in the witness to explain what happend...
[OP]
Jr. Member
Jan 13, 2008
136 posts
3 upvotes
I must say I am somewhat amazed. I did not expect that many of replies.

To clear things up, there has never been any lane changing. None what so ever. I was driving along the middle lane and gradually reducing my speed with my signals until I was fully stopped right beside the ramp. As I was slowing down, I took a quick look at my rear view mirror and there was no following vehicle.

Thanks for all of your inputs. But let's try to look at things from a different perspective.

"I am driving on a live lane, and for whatever reason, I had to gradually reduce my speed. Eventually I stopped. 10 seconds after, I was rear-ended." Who's at fault?

Forget why I needed to stop, forget all that. If I have never stated that on my post. This thread would have been totally different.

I am not trying to push the blame to the other driver.

In broad daylight, ideal driving condition and moderate traffic. The driver should have enough time to make a stop 10 seconds after I was fully stopped. Considering I was gradually slowing down and it was a 60 zone.

I am sorry, what I am about to say will make many people think I am selfish, idiotic, and unethical.

Could this accident be prevented? Yes, only because I decided to make a gradual stop on a live lane. (Again, for whatever reason) Was I responsible for the accident? No, I am sorry but the driver should keep a safe distance. Considering I was driving below the speed limit and with my signals on. He should have enough time to stop his vehicle by making proper judgments.

I have been in contact with the adjuster today. Given the statements I have provided, the driver will be deemed at fault. I will keep you posted.
[OP]
Jr. Member
Jan 13, 2008
136 posts
3 upvotes
kcorscadden wrote:
Sep 8th, 2010 12:09 am
So let me get this straight:

You made a lane change and then got hit? If this is the case you should be at fault as you didn't check your mirrors thoroughly enough before changing lanes. You also quoted that you heard a long honk, was this while changing lanes or were you already in the lane? If you were changing lanes while the horn was honking probably from the person that hit you, then you are at fault for making a bad lane change. Why didn't you just stay where you were? If I heard a long honk, I'd be looking 360 degrees to see where that horn is coming from before I proceed with my lane change.

Now yes you did have a signal on, but that doesn't mean anything. A signal simply means that you have intent to go right or left, but this doesn't mean that ppl have to let you go right or left. It is simply a communication tool to let everyone around you know what you want to do.

The biggest mistake however, is that you didn't call the police. The other driver can now deny the whole thing as there is no police report and since they also have the witnesses info and you don't, you're basically SOL. So I can see this completely blowing up in your face.

We did call 911 immediately and was told to report the incident at any police station. Unfortunately, the police would not take my statement because after a visual estimate by the police officer. He estimated the damage would not be over $1000. Again, no lane change. It was the intention, but it never happened.

It might not be easy for the driver to deny the incident. A police cruiser came by and checked all of our info.Registraion, insurance and drivers license. They asked me what happened and they also found out the drivers registration has expired.
[OP]
Jr. Member
Jan 13, 2008
136 posts
3 upvotes
Earbuddy wrote:
Sep 7th, 2010 10:29 pm
+1. If you can't manage to get off. Do so on the next one. Driver's manual clearly indicates in just about everything "when it's safe". Sorry but please drive better. Even though you won't likely be at fault for anything on the books. I really do hope you learn your lesson not to do anything like this ever again.

Lesson learned. Thank you.
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Jul 23, 2005
5887 posts
104 upvotes
Tomy wrote:
Sep 7th, 2010 4:55 pm
this accident reminds me of the people merging into the 401.. people literally stops in the middle of the 404 to butt into the line if no one lets them in

There's more than enough signage stating the 401W/E is on the outter two lanes, yet people do this on a daily basis.
FastFret wrote:
Sep 7th, 2010 10:06 pm
Image

The OP took care to slow down gradually. Used signal lights properly. Stopped not 'without reason' but to obviously wait until he could access the exit lane. And caused the crash because he should have the common sense to get out of the way of some moron about to drive into him because they broke two cardinal rules of driving: staying attentive and keeping their distance.

Yet, the consensus here seems to be poor judgment or lack of common sense at play by the OP, whose vehicle was evidently driven into from behind. That and some irrelevant whines about highway driving, road selfishness and obvious frequent irks that seem to affect the majority of posters here.

The OP asked a simple question to which there is equally simple answer. The one who caused the crash is the one who was behind. Period. How difficult is that to understand since it's worded in plain English? There will always be people slowing down to a stop for a variety of reasons, be it an old lady having a panic attack or a young guy staring at the crash cleanup crew at the site of another 'accident' on the opposing lanes of the highway, most likely caused by another idiot keeping too close or daydreaming or both.

'Stopped for no good reason' :confused: let me enlighten you, there is always a reason for stopping, it just may not be to your liking but that should be either irrelevant here or relevant in your own little thread if it bothers you that much.
yes..that's why everyday, the 404 is blocked by selfish drivers that want to butt in :( and u have no choice but to go around these guys and risk causing an accident by doing a lane change onto the free flowing lane or if u rear end them, it's ur fault.
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Jr. Member
User avatar
May 2, 2008
187 posts
15 upvotes
^ +1

I see *******s like this all the time going south on Allen road. Ignorant drivers trying to get off on the Lawrence exit using lane 2 instead of lining up on the far right lane even going as far as coming to a complete stop on a live lane so they don't have to wait in line like everyone else. I'm sure most of you who travel on the Allen road knows what I am talking about.
Deal Addict
Oct 30, 2008
2120 posts
55 upvotes
Toronto
JLennon1009 wrote:
Sep 7th, 2010 1:47 am
Just got rear-ended today and I really hope I could have a good night sleep tonight.

I was driving along on the middle lane, hoping to change to the far right and make a turn. I had my signal on the whole time, but then there were too many vehicles along the way and I couldn't change lane. I slowed down, hoping the traffic will be cleared after all the cars have passed and I could make the exit. I notice I have almost approached the solid lane dividers, and I stopped at where the red car is in the photo. I looked at my rear view and I didn't see any fast incoming vehicle. After about 5 - 10 seconds, I heard a long honk and I was rear-ended. The damage to my car was most definitely a bumper replacement. The other party had no apparent damage.

Who's at fault in this accident?

Image
You checked your mirror. Did you check your blind spot? Obviously not because you shoved yourself in there, hence why you were rear-ended. In my view, you'll definitely be assigned some fault based the way this road is. Also, you never slow down and stop completely at the spot you did. That's impeding traffic and only amateur drivers who can't merge safely do that.
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