Who is really at fault?

Question:
An accident occured involving two vehicles that were actually involved in a collision, and a third vehicle that did not hit anybody, nor was the third vehicle hit.

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The setting was during a high traffic period (5:00 to 6:30 p.m.) in a major city in Oklahoma. Driver number one came to an abrupt stop to avoid hitting driver number three which was making a left hand turn into a parking lot. Driver number one at a complete stop start honking their horn at Driver number three. Driver number two immediatley following Driver number one rear-ended Driver number one. Both Driver number one and Driver number two sustainted damage to their vehicles. Driver number three was not hit, nor did driver number three hit anybody. Driver number two was also operating a vehicle with an expired tag.

Can some1 plz help me find graphs that have something to do with car parking, turning, or turnabouts?


The end result was only one citation was issued by officers investigating the accident. Driver number three was issued a citation for an improper left turn.
How will the insurance companies view it?

Answers:

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Ins. co's ALWAYS view any accident the way that costs them the least money.

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The car that was following at an unsafe distance should be the one at fault. This accident would not have happened if he learned to leave a safe distance between cars.

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They will go by the Police report.

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In most states, when a car rear ends another car, the car that hit the other car is always at fault,no matter what the circumstaces, and while that may be a crock of ____, it makes sense that the law is written that way because it forces people to be more alert and more cautious.
The reason why I say it is a crock of ___ ( and a very obvious one) is because people have admitted to slamming on their brakes on the interstate or pulling out in front of someone on purpose just so they can get rear-ended and claim insurance money for pain and suffering.
People do this every day all over that place, in every community. It really is rampant.
The car that made a left turn is not legally at fault in the accident because they did not collide with anyone.
From a legal standpoint, the car following car one should not have been following so close.

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Sounds like the only proximate cause is Driver 2's inattention & failure to assure a clear stopping distance. Everything else you just listed is completely irrelevant (turning, "abrupt" stop (he had time to honk his horn after stopping, after all), horn, expired tag, citation).

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I was taught, many years ago, that if you rear-end someone it's automatically your fault because you have control over how closely you are following them. In that case, although driver #3 shares some blame, most of it should go to driver #2.

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A failure on the part of the officer investigating the case to issue a citation to driver # 2... unless of course the officer wishes to further investigate the accident and may at a later date issue a charge or citation for failure to avoid an accident... improper following distance or improper speed upon further investigation of the accident scene... the expired tag really had nothing to do with the driver's actions... my suggestion if you are involved in this accident is to obtain a copy of the report filed by the officer investigating (see if charges were placed at a later time or date) the accident and seek competent legal representation !

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Sounds like driver #3 (left turner) is at fault. They were crossing traffic - I'm assuming at an unsafe time? Next at fault is the person slamming on the breaks. Basically what would happen is the person who rear - ended the brake-slammer would argue the stopper did so w/out caution. Otherwise, it is almost always the fault of the rear-ender. The person rear-ended would seek claims against driver #1 crossing traffic. The exp. tag is seperate from the accident. Hope you had a witness!
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