Not sure if the cop was correct here or not...

[mark1210]

What is the name of your state? TX

So my friend and I were on a hill waiting for the light to turn green (yes Texas has hills). While my friend wasn't real close to the car in front of him he wasn't all that far away either. Apparently the guy in front of us wasn't all that great driving a manual and "kissed" our front bumper with his rear bumper. My friend was very upset as it knocked the paint off the front of his car. He called the cops and exchanged insurance information with the other guy. The cop cited my friend for "failure to leave space cushion between vehicles" Our question is, who's fault is it when a car in front of you rolls into your car? The person who rolled into our car said that we were too close and that he will be filing a claim with his insurance as well. Furthermore, the cop claims that anytime a front bumper makes contact with someone's rear bumper it's allways the other persons fault. That just doesnt' sound right.

 

[seniorjudge]

Give us the statute number on the ticket.

 

[Zigner]

If you can *PROVE* that he rolled back in to you and you were totally stopped, then you would be fine. How would you prove that? Several good witnesses (with no or poor witnesses for the other guy) would be just about the only way...

 

[Zippy]

I was told by a judge and an officer as well as an insurance man that no matter why an accident has happened, "the person in the rear is always responsible" I am still paying for that little "lesson". Although Canada I am told have a no fault clause there.

 

[justalayman]

the person in the rear is not always at fault but it is difficult to prove otherwise in most situations.

I could find no applicable statute. If you post the statute you were cited for, that might help.

 

[justalayman]

I was told by a judge and an officer as well as an insurance man that no matter why an accident has happened, "the person in the rear is always responsible" I am still paying for that little "lesson". Although Canada I am told have a no fault clause there.

and if they guy in front actually backed into you??

 

[racer72]

A similar thing happened to me many years ago. I was driving an old pickup that had a sticky clutch pedal. Some guy in a Mercedes stopped within a foot of my rear bumper. I rolled back into the Mercedes when the light turned green. Mercedes driver is furious, yelling and jumping up and down. A cop showed up a short time later and we both told our stories. The cop told the Mercedes driver to either leave and fix the minor damage himself or he would get a ticket for following too closely. He didn't like it but he left. That made my day.

 

[racer72]

and if they guy in front actually backed into you??

Nope, just like my case, rolled back into the moron because he thought it would be funny to stop inches from the guy's rear bumper.

 

[Zigner]

A similar thing happened to me many years ago. I was driving an old pickup that had a sticky clutch pedal. Some guy in a Mercedes stopped within a foot of my rear bumper. I rolled back into the Mercedes when the light turned green. Mercedes driver is furious, yelling and jumping up and down. A cop showed up a short time later and we both told our stories. The cop told the Mercedes driver to either leave and fix the minor damage himself or he would get a ticket for following too closely. He didn't like it but he left. That made my day.

Racer - how can someone "follow" too closely if he is stopped? Sounds like you got lucky

 

[BoredAtty]

Furthermore, the cop claims that anytime a front bumper makes contact with someone's rear bumper it's allways the other persons fault. That just doesnt' sound right.

You're right, that is not correct. Obviously there are many scenarios where the liable party would be the guy with the damaged rear bumper.

As for your friend's situation, it's probably a judgment call. If your friend was too close, his fault. If he left sufficient room, other guy's fault.

 

[Zigner]

You're right, that is not correct. Obviously there are many scenarios where the liable party would be the guy with the damaged rear bumper.

As for your friend's situation, it's probably a judgment call. If your friend was too close, his fault. If he left sufficient room, other guy's fault.

Again, the definition of "too close" would come in to play. And, if you're stopped without contacting the other person's bumper, how can you be "too close"?
Of course, in real life (so to speak), I don't come up so close as to allow this to happen to me, but if I'm STOPPED 12" behind someone and they can't control their vehicle on a hill, how is that my fault?

 

[BoredAtty]

Again, the definition of "too close" would come in to play.

Yep. Barring a specific statute, that is probably a judgment call for the fact finder.

And, if you're stopped without contacting the other person's bumper, how can you be "too close"?

If you knew, or should have known, that the vehicle in front may roll backward a reasonable length immediately prior to moving forward, and yet you did not leave enough room for that "reasonable roll" to occur, then you were probably too close.

Is there such a thing as "reasonable roll"? Having owned a couple of cars with sticks, I think so. Again though, without a specific statute, that too would probably be up to the fact finder.

 

[Ozark_Sophist]

If you knew, or should have known, that the vehicle in front may roll backward a reasonable length immediately prior to moving forward, and yet you did not leave enough room for that "reasonable roll" to occur, then you were probably too close.

Is there such a thing as "reasonable roll"? Having owned a couple of cars with sticks, I think so. Again though, without a specific statute, that too would probably be up to the fact finder.

I don't believe there is "reasonable roll." If you drive a stick, you should be able to start without rolling backwards.

And how can you know the vehicle in front of you will roll back. Can you tell a dysfunctional stick from the rear?

 

[BoredAtty]

I don't believe there is "reasonable roll." If you drive a stick, you should be able to start without rolling backwards.

I can see both sides of the argument. I'm definitely not married to my earlier opinion regarding "reasonable roll."

And how can you know the vehicle in front of you will roll back. Can you tell a dysfunctional stick from the rear?

The same way you know that the car in front of you is going to slam on the brakes when you're going 65 down the highway. You don't, and therefore, you leave a reasonable amount of room between the two cars just in case.

 

[Ozark_Sophist]

I tell Mrs. Ozark_Sophist to leave enough room between vehicles to allow you to safely drive around the vehicle (defensive driving school).