In this particular car accident, who would be at fault?

[jerrick]

Just curious...

when I was learning how to drive, I was told that if Driver X hit another car from behind, Drive X would be at fault. However...

I was coming home today and heading on to the highway. It was my car, a large truck in front of me, and a small silver car in front of the truck. The truck was going well under the speed limit and I went around it at a red light and stopped beside the small, silver car. The driver apparently thought I was trying to get in front of him (when I was actually just trying to get from behind the truck) to head on the freeway. The guy in the silver car speeds off as soon as the light turns green and glares back at me (I didn't even notice he was staring at me until he was in front of me).

I manage to get in front of the truck and the silver car is going about 40-45 mph (I was going just under 40 and he was ahead of me). He sped up as we turned on the highway and slammed on his breaks just as I was turning in behind him. I didn't hit him, thankfully, but it was a hard stop. I saw him turn around at look back at me and laugh and he sped off doing over 70 (I was doing 65) and he vroom-ed off still laughing. I was pissed, but didn't break 65 mph because I know cop cars usually sit around and try to catch speeders during that time of the day and I did not want to be ticketed.

Anyways, if I had hit him, would I be the driver at fault? The big truck was behind me (albeit, pretty far) so that driver wouldn't have seen the driver in the silver car turn around and cackle at me when he tried to get me to rear-end him. Even when I blew my horn at him, he laughed even harder, the douche.

I was just wondering...

Thanks!

[chavivi]

I believe that the driver following behind is supposedly always at fault. Although we know that this isn't always true. There have been many times when I've been driving and following at a safe distance when someone speeds up and swings their car right in between causing the same thing, the slamming of the breaks. There are crazy drivers out there, just try to be very very safe.