Quote:
Originally Posted by Red__Zed
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).
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I'd argue this was one of those cases, but a court will decide.
Quote:
Originally Posted by Red__Zed
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.
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There's a lot of felonies getting slapped on the arrested bikers. Are you suggesting they'll all be dropped?