Quote:
Originally Posted by JoeRedskin
Driver began braking as soon as he was presented by the scooter guys move;
Scooter guy braked after switching lanes;
Driver did all he could do to avoid the accident.
What facts support the position that the driver contrib'd? The only thing you've said is that he was travelling faster than traffic around him which, in an open lane of traffic, he is free to do especially when he is not exceeding the speed limit.
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IMO the driver began braking when he realized that the scooter had established himself in the drivers lane. also did the driver slam on the brakes (do everyhting he could to avoid a collision) or did he ease up on the brakes just enough to slow down but still be right up on the scooters ass?
you just conceeded that the scooter guy was in the lane, if he is established in the lane then the car driver behind him must keep a reasonable and safe amount of distance in front of him to avoid striking other vehicles that may brake. the person doing the rear ending are presumed to be at fault b/c you should be keeping a safe distance and look-out for suddenly stopping vehicles in front of you.
this looks like what you see on the roadway all the time minus the collision.
a car has a clear lane ahead of him, driver sees another vehcile attempting to enter into his lane and also enjoy the clear lane, driver doesnt want to concede any ground or have anyone cut in front of him so he tries to close the window and not allow the other driver in. if the other driver does slip thru the window then the driver stays on his ass to prove a point of "hey you almost kinda cut me off".
if that car you riding its ass decides to brake while your doing your best impression of a uhaul trailer, a collision occurs and your insurance company comes a calling.