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His for criminal damage to property and possible reckless endangerment, and yours for following too closely or failure to slow to avoid an accident. You should always follow the 2 second rule, which will allow you slow your vehicle in time to avoid an accident. If you are driving a significantly heavier vehicle than that which is in front of you, logic and common sense dictate that you should increase your distance beyond the 2 second rule. In my case, the 2 second rule didn't apply, as I was not in the same lane as the person that I rear-ended. He invaded my lane (illegally), though I don't personally fault him for trying to avoid a Pontiac Transport doing 360's down the interstate at 45+ MPH.... 
"When I take action, I'm not going to fire a $2 million missile at a $10 empty tent and hit a camel in the butt. It's going to be decisive." - President George W. Bush
95 Contour SE ATX V6 "Cracked" Secondaries DMD Installed SVT Brakes
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what sucks though is that if someone did slam on their brakes in a fit of rage to cause an accident and there were no witnesses.........your arguement probably wouldnt hold up in court......you rear-ended him.......should have been traveling further behind him.......that is waht the court would say.......
about your imaginary friend "NOT" sliding into traffic.........should have stopped, would have been charged with reckless endangerment, most likely.....third guy, for the accident, but your buddy will get reckless and fleeing, since technically it was his fault and there are witnesses........
-chris- 96 gl: 18" adr reactions, SVT rear bumper & side-skirts, Magnaflow exhaust, CTA Intake, ACCEL coil, 9mm wires, Kenwood, Blaupunkt, Sony Xplod Mobile ES, OBX pedals w/dead pedal, neons, bnmotorsports gauges, autometer monster tach, and ZAINO!
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Originally posted by Stinger00: The rear-ending story brings up a question that i'm really curious about.
If you're driving down the road and the ******* in front of you decides to slam on the brakes in a fit of rage, not to avoid an accident but to cause one, who's fault is it? Yours for following too close, or his for reckless driving?
-Jason What, You didn't see that cat that ran out in front of me? Thank God I slowed down or I would have killed it. Fortunately we just have some bent sheet metal here. Perhaps had you been further back, you would have noticed Let's exchange insurance information. TB
Tony Boner Personal: 98cdw27@charter.net Work: tony.boner@sun.com Saving the computer world from WinBloze as Unix/Solaris/Java Guru http://www.sun.com 1998 Contour SVT Pre-E1 618/6535 Born On Date: 4/30/1997 Now with Aussie Bar induced mild oversteer.
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JC- that's been pulled a few too many times, and the courts are hip... 
"When I take action, I'm not going to fire a $2 million missile at a $10 empty tent and hit a camel in the butt. It's going to be decisive." - President George W. Bush
95 Contour SE ATX V6 "Cracked" Secondaries DMD Installed SVT Brakes
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LOL!!!!!!!!! i saw the cat.......i will sign my little card for a witness..........
-chris- 96 gl: 18" adr reactions, SVT rear bumper & side-skirts, Magnaflow exhaust, CTA Intake, ACCEL coil, 9mm wires, Kenwood, Blaupunkt, Sony Xplod Mobile ES, OBX pedals w/dead pedal, neons, bnmotorsports gauges, autometer monster tach, and ZAINO!
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Originally posted by Stinger00: The rear-ending story brings up a question that i'm really curious about.
If you're driving down the road and the ******* in front of you decides to slam on the brakes in a fit of rage, not to avoid an accident but to cause one, who's fault is it? Yours for following too close, or his for reckless driving?
-Jason Ah yes, but if that fit of rage is due to someone tailgating them! That may be a different story! I DO brake for tailgaters, or at the very least tap on the brake a few times! :p If you want to pass me get off my a$$ and I'll move over! Nothing pi$$es me off more than those people that have this idea in their head that they can force people to move out of the way by speeding up right behind them and riding their a$$! Well, that feels better, now that I have that out of my system, *for now*! Stephen
96 Contour, GL, Zetec, ATX. 03/18/1996 Build Date. Drop in K&N NGK Laser Platinum Premium Spark plugs Niehoff Premium Ignition wires Wheel Well Air Intake Resonator removed. *Just the beginning*
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I would say that the driver of the 3rd vehicle would be after your hypothetical friend with a tire iron.
I know I would be, hypotheticly.
98.5 Contour SVT Kenwood KDC-MP8017 MP3/CD Player Meaning of life is SOLO II
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I think the logic is that (since people dont seem to watch their rearviews until they are being tailgated or get flashed) to get the other drivers attention...That's mine anyway but I don't follow forever just a second or too then back off.
Quality is remembered long after cost is forgotten.
...Oh sorry I guess I am just another stupid kid who doesn't know anything...
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Originally posted by 99ZeTeC: I think the logic is that (since people dont seem to watch their rearviews until they are being tailgated or get flashed) to get the other drivers attention...That's mine anyway but I don't follow forever just a second or too then back off.
Mmmmm,
To get the driver's attention, if you beleive they are not watching their rear view mirrors, why not make your car more visable to their side mirrors by moving your car to either side of the car in front of you?
To tailgate even if only for "a second or two", is asking for an accident to happen! :rolleyes:
It only takes a second or two for the driver in front to either jam on the brakes or slow down and pi$$ off the driver behind him! :p
We all are in too much of a rush to get where we want to go, why not just wait till there is an opening and pass, even if you have to pass on the right hand side of the car in front of you?
I know I am more inclined to move out of the way of oncoming vehicals if I see that they are there and they are waiting for an opening, not riding my a$$.
Hey, just my 2c (Canadian).
Stephen
96 Contour, GL, Zetec, ATX. 03/18/1996 Build Date. Drop in K&N NGK Laser Platinum Premium Spark plugs Niehoff Premium Ignition wires Wheel Well Air Intake Resonator removed. *Just the beginning*
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Stephen, your right, as common sense would dictate. Problem is that common sense is lacking this side of the world, as is proper driver training.
james
SVT with CE light mod and a camera mount. Naughty Pictures Why yes it is true, I am on my third engine.
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