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by T-hawk
1924 days ago
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That last point isn't a "you could argue" or "most cases", it's literally the law. Rear-ending is always the rear car's fault and it's always their responsibility to leave enough space and time to react and stop safely. If the lead car braked when there was no reason or danger, that driver might also be cited for recklessness or some such, but a rear-end collision is always an error by the rear driver. |
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Rear ending being the rear car's fault is a norm of the insurance industry that is used to settle disputes in the absence of other information. Furthermore, in the overwhelming majority of jurisdictions the government specifically does not establish "fault" for routine vehicle accidents (the government generally only decides matters of fault inside a court room) and the paperwork that comes with a police report of an accident usually says something along the lines of "we don't establish fault, just record the facts" prominently on it.