Warhippy Posted December 27, 2016 Share Posted December 27, 2016 1 minute ago, Fanuck said: ^ Essentially this. Doesn't matter where/when, it is the responsibility of the trailing vehicle to adjust speed to suit the conditions and create the necessary safe stopping distance between themselves and the leading vehicle. Some idiot comments here would have one believe you can legally hit people from behind if you don't think they should be where they are. You people are the ones that need lessons ironically. Tell me about it, then to hear that the OP needs driving lessons or should be off the road...wtf? The kinda of people who would be texting while driving, hit someone and claim damages because the person they hit wasn't paying attention to their facebook messaging needs Link to comment Share on other sites More sharing options...
riffraff Posted December 27, 2016 Share Posted December 27, 2016 5 hours ago, drummerboy said: You stopped in the middle of the icy road, and you question if it is your fault? Seriously? Being a good person is one thing, straight up not using your head is another. You want to help someone out, pull up behind, or in front of the person. Get off the road Id be furious at you if I was in the car that hit you. Who the hell stops in the middle of the road, especially if it is icy. Honestly, I really hope ICBC seeing this as it is, a bonehead manoeuvre, and finds you at fault. Sorry to be against you here, but really dude? Rager. Link to comment Share on other sites More sharing options...
riffraff Posted December 27, 2016 Share Posted December 27, 2016 I like that you stopped to check on somebody. But ya, in the middle of the road contradicts road rules. It's good to stop for people. Keep up with your goodwill. You never know what someone may be up against or when you may need a hand. but next time, hit your hazards and stop ahead of the other vehicle . Link to comment Share on other sites More sharing options...
Stelar Posted December 27, 2016 Share Posted December 27, 2016 Rear end rules are &^@#ed. You can basically pull in front of someone, slam on your brakes and the person rear ending is at fault. Link to comment Share on other sites More sharing options...
Bur14Kes17 Posted December 27, 2016 Share Posted December 27, 2016 23 minutes ago, Rocky Balboa said: They could always counter-sue you for negligent driving... For not being able to stop on ice in time to avoid the guy at dead stop in the middle of a double lane road? Link to comment Share on other sites More sharing options...
Kragar Posted December 27, 2016 Share Posted December 27, 2016 ICBC will try to screw you over, I'm sure. They tried to pin me with 50% for getting rear-ended on an icy road, only because I lost control. I still stopped in time, but the guy behind me didn't. I was successfully able to argue it out with them, but they did try to have me take some of the blame. It's in their best interest, after all. Just one more issue with government-run insurance, since they should be representing you. Since they represent the other BC drivers too, they don't have to care about you specifically. Based on how it sounds, I agree with some here that it wasn't too bright to just plain stop in the middle of the road, but realistically, the other car still should have stopped. Link to comment Share on other sites More sharing options...
D.B Cooper Posted December 27, 2016 Share Posted December 27, 2016 39 minutes ago, riffraff said: I like that you stopped to check on somebody. But ya, in the middle of the road contradicts road rules. It's good to stop for people. Keep up with your goodwill. You never know what someone may be up against or when you may need a hand. but next time, hit your hazards and stop ahead of the other vehicle . 43 minutes ago, riffraff said: Rager. Hahah. Maybe a bit;) While i totally agree with him stopping, and actions like that will only serve you well in life, the way it was done is obviously an incredibly stupid move. Put on your flashers and pull in front on the vehicle in need of help. Stopping in the middle of the road, covered in ice/snow....... don't be surprised when you get rear ended. Just asking for it. Link to comment Share on other sites More sharing options...
Warhippy Posted December 27, 2016 Share Posted December 27, 2016 1 hour ago, Bur14Kes17 said: For not being able to stop on ice in time to avoid the guy at dead stop in the middle of a double lane road? You should acquaint yourself with BC driving laws and ICBC protocol The best you could hope for when rear ending someone is 75% your fault 25% their fault Again. negligent driving is ALWAYS the fault of the eprson who rear ends a person except in very extreme circumstances. http://www.icbc.com/claims/determine-fault/Documents/rear-end.pdf http://www.icbcclaiminfo.com/node/27 http://www.icbc.com/claims/determine-fault/Pages/Assessing-fault-in-a-crash.aspx Just to clarify again. Link to comment Share on other sites More sharing options...
babych Posted December 27, 2016 Share Posted December 27, 2016 9 minutes ago, Warhippy said: You should acquaint yourself with BC driving laws and ICBC protocol The best you could hope for when rear ending someone is 75% your fault 25% their fault Again. negligent driving is ALWAYS the fault of the eprson who rear ends a person except in very extreme circumstances. http://www.icbc.com/claims/determine-fault/Documents/rear-end.pdf http://www.icbcclaiminfo.com/node/27 http://www.icbc.com/claims/determine-fault/Pages/Assessing-fault-in-a-crash.aspx Just to clarify again. While I totally agree that what you're stating is fact WH, I would still maintain that the OP should have pulled over prior to stopping and thus avoided the accident. Link to comment Share on other sites More sharing options...
PhillipBlunt Posted December 27, 2016 Share Posted December 27, 2016 The car rear ending the car in front is nearly always at fault, regardless of the circumstances. Link to comment Share on other sites More sharing options...
Warhippy Posted December 27, 2016 Share Posted December 27, 2016 7 minutes ago, babych said: While I totally agree that what you're stating is fact WH, I would still maintain that the OP should have pulled over prior to stopping and thus avoided the accident. Be that as it may, it does not in any way shape or form deflect from the simple fact That no matter what these keyboard warriors say or want to be angry at. They can say counter sue, sue, at fault. But They Are Wrong. Link to comment Share on other sites More sharing options...
babych Posted December 27, 2016 Share Posted December 27, 2016 Just now, Warhippy said: Be that as it may, it does not in any way shape or form deflect from the simple fact That no matter what these keyboard warriors say or want to be angry at. They can say counter sue, sue, at fault. But They Are Wrong. Yup. You are correct. Link to comment Share on other sites More sharing options...
Bizarre Posted December 27, 2016 Share Posted December 27, 2016 2 hours ago, Warhippy said: Tell me about it, then to hear that the OP needs driving lessons or should be off the road...wtf? The kinda of people who would be texting while driving, hit someone and claim damages because the person they hit wasn't paying attention to their facebook messaging needs Have you ever heard of defensive driving? Just because you're not at fault does not mean what you did was right. Perhaps the OP should have looked in his mirrors to scan the surroundings before stopping. His post implies there was not a lot of time between when he stopped and when he was hit. we need more details to know what the speed limit on the road was but it does not sound like this was a resedential/low speed area. Go ask a driving instructor/police officer if they would suggest stopping in the middle of a road to talk to someone. My guess is they would suggest pulling in front/behind the person. The OP demonstrated a lack of common/road sense during the situation. Neither the OP or the rear-ender are the type of driver I would like to encounter on the road. Link to comment Share on other sites More sharing options...
Tortorella's Rant Posted December 27, 2016 Share Posted December 27, 2016 1 hour ago, Stelar said: Rear end rules are &^@#ed. You can basically pull in front of someone, slam on your brakes and the person rear ending is at fault. Time to invest in one of those dash cams, I'd say. Too many idiots on the road putting you at risk for driving properly. Link to comment Share on other sites More sharing options...
Stelar Posted December 27, 2016 Share Posted December 27, 2016 27 minutes ago, Tortorella's Rant said: Time to invest in one of those dash cams, I'd say. Too many idiots on the road putting you at risk for driving properly. Agreed. That would come in handy for a lawsuit I am currently embroiled in. Link to comment Share on other sites More sharing options...
Twilight Sparkle Posted December 27, 2016 Share Posted December 27, 2016 3 hours ago, Sean Monahan said: @Twilight Sparkle in good humor. You have no idea D: Link to comment Share on other sites More sharing options...
messier's_elbow Posted December 27, 2016 Share Posted December 27, 2016 I got rear ended 5 years ago at a red light. Guy plowed us going 100km per hour. My neck and lower back is still screwed up from it. Link to comment Share on other sites More sharing options...
coastal.view Posted December 27, 2016 Share Posted December 27, 2016 after reading your post and the responses i advise that it is not wise to try to get the response you need to your situation on an online chat forum you have a claim for which you need legal advice in almost all cases the person doing the rear ending is responsible the reason for your stopping is almost irrelevant an animal, child or adult could have been crossing in front of you.. the person behind you always has to ensure they can stop go speak to a lawyer, in person, as consultations with most firms who do personal injury work are free have a good holiday season and get your back and neck checked out by a doctor as well Link to comment Share on other sites More sharing options...
Tre Mac Posted December 27, 2016 Share Posted December 27, 2016 8 hours ago, drummerboy said: You stopped in the middle of the icy road, and you question if it is your fault? Seriously? Being a good person is one thing, straight up not using your head is another. You want to help someone out, pull up behind, or in front of the person. Get off the road Id be furious at you if I was in the car that hit you. Who the hell stops in the middle of the road, especially if it is icy. Honestly, I really hope ICBC seeing this as it is, a bonehead manoeuvre, and finds you at fault. Sorry to be against you here, but really dude? Lots of vehicles make sudden stops, the rear ender was either driving too fast for the conditions or straight up not paying attention. Both parties are somewhat at fault here, but you have to be a moron to get mad at someone you just drove into. If I was the op and some dick started spazzing out at me for his mistake I'd ask him how he plans on chewing his next meal after I knock his teeth out. Link to comment Share on other sites More sharing options...
Bur14Kes17 Posted December 27, 2016 Share Posted December 27, 2016 2 hours ago, Warhippy said: You should acquaint yourself with BC driving laws and ICBC protocol The best you could hope for when rear ending someone is 75% your fault 25% their fault Again. negligent driving is ALWAYS the fault of the eprson who rear ends a person except in very extreme circumstances. http://www.icbc.com/claims/determine-fault/Documents/rear-end.pdf http://www.icbcclaiminfo.com/node/27 http://www.icbc.com/claims/determine-fault/Pages/Assessing-fault-in-a-crash.aspx Just to clarify again. If your smart enough to go find those links then you should be smart enough to understand that I'm not disagreeing with you that ICBC will rule the rear ender is at fault. What you obviously don't understand though is that you can "counter sue" under these extreme circumstances. OP is a complete idiot for stopping for absolutely not reason in the middle of what I assume is a busy street since he said it was two lanes wide, because he wanted to talk to someone and see if they were ok and whoever rear ended him has just cause to sue him Link to comment Share on other sites More sharing options...
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