AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 11/29/2006 Subject: Car accident
Question ok, so now the big question should i tell my insurance company that? should i ask them to check the other drivers brake lights etc?
Mark
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Hi Again,
And thank you for your response. The law in one sense does seem obvious "being able to stop etc...” but at the same time it seems barmy, surely if the car in front was driving in a wreck less manner and its brake lights weren’t working properly then I am just as liable as they are?
Mark
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Hi,
I was recently involved in a car accident, where I bumped into the back of someone.
Basically, I was travelling along back from work along some country lanes following another car. I was going no faster then 45mph and had easily a 4 second gap between us. When all of a sudden the first car slams on there brakes for an instant. It turns out they are braking for some dear, I then slammed on my brakes and swerved hitting there rear left side of the car.
It was pitch black about 7 o clock at night.
Now the clincher is I believe they did slammed on their brakes then relieved the pressure, hence there brake lights went out. They were still probably traveling at 10mph
So as I was approaching the car I had no idea until I was closer that they had come to a holt.
Am I told I am in the wrong, I understand that as I hit them I technically am, however I believe I had no chance of stopping as it wasn’t until too late that it was possible for me to ascertain that they had actually stopped.
Surely I cant be in the wrong if someone slams on their brakes and uses their gears to decelerate rapidly meaning that I cannot see they are doing so until to late.
If that is the case what stops me from braking rapidly on the motor way getting my already damaged car more damaged and getting the person who shunted me to pay for the damage?
Is there anyway I can claim it was both our faults, as the other driver admits that I was a safe distance and not exciding the speed limit which was 60mph?
Please let me know,
Mark
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Sorry, Mark, but road traffic legislation (and the Highway Code) require a driver to drive in such a manner (eg speed and following distance) as to be able to stop and/or avoid any hazard in the road.
Although a civil case relating to a serious RTC, ROBERT JAMES SMITH (AP)v MESSRS D.L. McGUINNESS 21 January 2004, http://www.scotcourts.gov.uk/opinions/a1243.html
sums up the responsibility on drivers.
Your suggested means of deliberately having a second RTA would, in Scotland, be a fraudulent scheme (probably just straight fraud in E & W).
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Basically - yup!
Although a Court (and a Plice Officer!) would take other circumstances into consideration eg careless/reckless driving by the driver in front, lack of lights, broken down/parked/abandoned car in dangerous position at night without lights etc.
Answer I don't think you'll get anywhere with the insurance claim, although it's certainly a line of enquiry that a defence agent would want to pursue.
Equally, although I'm presuming that you've been charged with careless driving, it's not definite that the PF will proceed - you have mentioned neither injury nor major damage.
