Expert: webfoot - 8/17/2007

Question
I was in a car accident today in San Antonio TX. The rain was outrageous and I was on the interstate.

I was driving in my lane getting ready to exit for my home. A Saturn SUV turned into my lane and suddenly slammed on their brakes. I attempted to pump my brakes instead of "slamming" but didn't seem to be slowing down so I then pressed the breaks to the bottom. I skidded in some heavy water 25-35 feet before slamming into the back of the saturn. I could not stop, and I could not change lanes as there were vehicles on both sides..I just had to manage the skid in my lane and hope that I wouldn't hit them, but my car didi not stop. I was not speeding, and I had my lights on, seatbelt on etc. My car's front end was severely damaged and needed a tow truck. (I have a 2004 mustang) their car was slightly gouged with a little sad face but no other visable damage. Neither party was issued a citation. In a case such as this, does the "it's your fault for rear--ending" still apply? I have no visable front end on my car..I couldn't drive it home! They were able to leave after police came. I got out and walked across the highway to make sure everything was okay and they seemed fine, no one was hurt..Problem is I think my car will be totalled and we have the same insurance company USAA.. Is there an at fault on me for this? I feel I made the best choice causing the least possible injury to others (ie sending cars on the side off the highway or into the cement wall) My airbags didn't even deploy...What is the likely outcome for this? This is my first accident.

Answer
I'm sorry you had the accident and hopefully, no injury claims will be presented.
Given the construction of a modern, unibody vehicle, you cannot judge the actual damage without taking the vehicles apart.  What your vehicle did was drive under the Saturn.  In the process, there was likely a great deal of damage caused to the other vehicle which will not be visible until the rear bumper cover is removed.  The reason that your airbags didn't deploy is because your damage is likely above the level of the lower, stronger structure.  You were fortunate to have a cop at the scene who did not issue a citation, but that has little to do with your liability.  

Though this vehicle may have pulled into your lane and suddenly hit the brakes, you would not have likely hit stuck the vehicle had you been maintaining a safe distance from the vehicle that had been in front of you before the lane change. I say this as I've spent many years observing driving behavior, not because I believe that you're a bad driver.  Believe me,,,most folks never allow enough distance  between vehicles.  

It is your first accident and hopefully your last, but you will likely be considered 100% liable.