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Respect others first and foremost, don't be the moron that expects people to respect you after the act of disrespecting others. |
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1 - Tailgating - illegal and when an accident occurs it is the tailgaters fault %100 of the time (a small fraction of the time, the person in front might get a ticket in addition) 2 - Driving along and jamming on the brakes - occurs all of the time intentional or not. So be ready for this it is a common occurrence So 1 = intentionally breaking the law, 2 = physics And I will repeat myself: If you jam on the brakes and someone rear-ends you you will not get a ticket unless you intentionally tell the cop "Yeah I slammed on the brakes because this jackass was tailgating me". And even then, I know that some cops will STILL say "well then he shouldnt have been following so close should he?" |
Looking from the way of law, yes you are correct. Simply because proving someone slammed on the brakes for no reason is impossible.
Basically what you're saying is - because no one can prove I did it on purpose, I can get away with it. And it's true. I can tell you this much - probably half of the time if you jam on the brakes for no reason you'll get rear ended, even if people are following at safe distance. I was driving down the interstate once, and some guy decided to brake check (insurance scam maybe?) the driver behind him, who wasn't even tailgating (not the perfect following distance, but a good 4 car lengths behind). They got into an accident. I actually called the cops and told them what I saw, that it was intentional slamming on the brakes since the highway was empty. Too bad I never found out what happened afterwards. Tailgating - illegal. Brake checking isn't? I'm simply too lazy to go search the webs for this, but brake checking and/or sudden stops on the highway are also illegal. So we have two illegal things, but one (tailgating) is annoying and increasing the possibility of an accident. While the other is outright aimed at creating an accident. You feel me? |
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Basically what I am saying is - Dont tailgate because WHEN traffic comes to sudden stop you need to be prepared with adequate spacing. I dont care WHAT the reason for the sudden stop IS, and physics doesn't care either. |
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But, absent OP's situation, technically yes but only assuming you aren't using the facts and are using an accident report. Intentionally brake checking instead of moving out of the way of someone driving like an asshole is more dangerous and more illegal. Sent from my HTC One_M8 using Tapatalk |
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I think you can report that to san jose or the police with that screen shot. he openly admitted that he brake checked someone... that's completely illegal. |
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Sent from my HTC One_M8 using Tapatalk |
Hell if no one does it here I'm going to send it to the cops. It's completely stupid that someone would brake check anyone in this case =/
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Any update on this
Sent from my iPhone using Tapatalk |
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