Accident scenario

[Scruit]

This is an 'accident' I was in a while back. i won't tell you which vehicle I was in until we've decided who was at fault.

- Unit 1 is a stickshift. It it waiting at a stop sign on an uphill incline.
- Unit 2 stops just 12" behind unit 1.
- Unit 1 goes to set off but rolls backwards instead. The two cars 'touch' at very slow speed.

The facts above are agreed to by both parties.

When talking with the drivers, though, unit 1 says that unit 2 stopped waaay too close and that being a stickshift it's normal to roll backwards by a few inches every now and then, and if unit2 had stopped a safe distance behind then the rolling backwards would have been a non-event (you see cars rtolling backwards when they set off all the time) Unit 2 says they were stationery and were unaware of any rules regulating the distance to leave from a stationery vehicle. Also, there was no way of knowing that unit 1 was a stick.

Who gets a ticket? what for? If your jurisdictions lists contributing factors, then what would you write?

[rdp]

A vehicle can only go backwards when it is safe to do so and not around corners, through intersections, or across crosswalks.

In NV, the 1st vehicle would be at fault, but for minor incidents like this, we won't take an accident report and will only provide a driver's information exchange card.

[corporal716]

In California vehicle 2 would be at fault. Basic rule here is the second vehicle needs to leave the space. Even if vehicle 2 is hit from behind and rolls into vehicle 1, 2 will still be found at fault for not leaving enough distence between the vehicles to avoid the accident.

[121Traffic]

In California vehicle 2 would be at fault. Basic rule here is the second vehicle needs to leave the space. Even if vehicle 2 is hit from behind and rolls into vehicle 1, 2 will still be found at fault for not leaving enough distence between the vehicles to avoid the accident.

Agreed. Vehicle two at fault. 12" is not a lot of room when you are talking about 1.5 ton hunks of metal on wheels.

[sethg428]

I'd say unit 2 is at fault. My car is a stick shift and I was hit at a traffic light by a women who was to close to me. I never rolled back, she just saw my break lights go off and decided to go. There was no damage so I let it go.

[mcsap]

Unit 1 should have been able to drive his car in a manner that it didn't drift back. It can be done with the right rpm's and cluch technique. We have no requirement for a stopping distance behind a STOPPED car. I probably would not have cited either side but would have indicated on an accident report that Car 1 could not safely control his vehicle.

Car 1 did CHOOSE to drive a stick and knew in advance there are hills in the world. Car 2 should have left additional distance. I ALWAYS stop behind a car far enough that if I need to , I can pull around them with no problem. Especially when on duty.

[greg6099]

If both agreed to the version as provided Unit 1 is at fault. Illegal to 'reverse when usafe to do so'; or 'drive without due care and attention'.

As per rdp's reply. Minor incident; not an LEO (life endangering offence); not in public interest to prosecute; take a report and file.

[Ghost 1]

I'd probably cite both. The stickshift driver for Failure To Maintain Control,and the 2nd driver for Following Too Close. Then I'd let the judge figure it out. That's what he gets paid to do.

[oscarmitre]

Scruit you mentioned someone being "at fault". The responses concerning which driver(s) should be pinched have been good but are you also asking a question re civil liability - or is it just about the ticket?

[Ianscape]

Whats the total damage of the vehicles? By the way it is written, I wouldn't be doing an accident report.


Ian

[Scruit]

No tickets were issued. No Damage done. I actually had to chase her for 1/4 mile because she decided the impact was no enough to warrant inspection. When I caught up we got out and checked it out.

I was unit 2. She rolled back 12". There was no damage done so we both just left.

These days I always park far enough bacl that I can see their rear tires...

[Ianscape]

Ok thanks. For me no damage, no one injured....NO REPORT!!! Woo hoo!

[resqr1]

I did not read all responses, but in NE veh. 1 is at fault. There is not a law as to how far back you must stop. Veh. 2 was stationary, legally stopped at a red light and was struck by veh. 1. Veh.1 gets the citation for failure to maintain control of the vehicle.

[Scruit]

I'd say unit 2 is at fault. My car is a stick shift and I was hit at a traffic light by a women who was to close to me. I never rolled back, she just saw my break lights go off and decided to go. There was no damage so I let it go.

If you didn't roll back then you scenario is different to mine. In your case the vehicle at the back moved forward into the vehicle in front. In my scenario the vehicle in front moved backwards into the vehicle behind.

[sethg428]

I agree because if you shift at the right rpm's your veicle wont roll back. I get pissed when people tail me so I prolly would have rolled into unit 2 just to be a ****.