Monday, August 2, 2010

Driver rear-ends car, sues the other driver.

I had a debate a couple of years ago with some former law school classmates about whether a rear-end collision could ever be someone else's fault.

I was at a tavern with some assistant state's attorneys. They were saying that a rear-ender could never be the front car's fault. I took the position that you should never say never, but at that time I could not articulate a fact pattern whereby the front car would be at fault.

Well, according to the Sun Times, a Cook County plaintiff is helping me make my argument. A motorist is suing a student driver and his instructor for a 2008 crash triggered by the pupil making a "sudden stop at a green light."

That is a novel theory and I hope it works, if only for bragging rights the next time I am out with prosecutor buddies, but I have my doubts. Why wasn't the plaintiff keeping a proper look-out?

Can anyone else out there think of a scenario where a rear-ender could be the front car's fault?


Michael W. Huseman said...

I have received several private comments to this post indicating that there are certainly circumstances in which the front driver could be at fault.

For instance, when the front car changes lanes too quickly or when it is not safe to change lanes and essentially cuts off the second driver.

Also, what if the front driver intentionally slams on the brakes in an attempt to commit insurance fraud?

There must be more. What else do you have?

Michael W. Huseman said...

No brake lights -- Submitted by Andrew Baranowski

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