Quote:
Originally Posted by Chuck33079
Being forced to stop on the road by a pack of bikers, one of which just cut you off and brake checked you to a stop and caused a collision while you have your wife and daughter in the car clearly and directly demonstrates a reason to fear for my life/safety in my book. We'll see when all of this hits the courts, though. I may be wrong and RR driver is at fault, at least in some part. I don't think so, but I'm open to the possibility that a judge may see things differently.
|
Rear-ending somebody is a 100% at-fault situation in NY. Brake checking is technically irrelevant (although the brake checking driver can be cited separately). The law was established due to the thought that if you're following at a safe distance you should never rear end anyone, but it breaks down in extreme cases (ie, you get cut off).
I'm willing to bet the bikers receive a couple of traffic citations, the driver receives his insurance-bumping rear-end at-fault, and then we go to civil court. There's very little evidence as of now that provides opportunity for criminal convictions (on either side).
If evidence of knife use on either the tires or the person comes up, everything gets turned on it's head.