Driver Accused of Deliberately Causing Crash
A lot of drivers operate on the mistaken assumption that if someone crashes into them from the rear, the accident is automatically the other person’s fault; however, this is not always the case. While it is often true that a driver who rear-ends another driver will be at fault, and may even be presumed to be at fault, because they failed to brake in time, were following too closely, etc., Tennessee law contemplates that the driver who got rear-ended may also be at fault, or may be completely at fault, if they were driving negligently.
A good example of how this principle operates can be derived from looking at a lawsuit that was recently filed against a driver by two bicyclists who allegedly crashed into his car after he pulled over in front of them and slammed on the brakes. The driver was apparently angry at the bicyclists and swerved in front of them before stopping intentionally, causing a crash resulting in permanent injuries to the bikers. This is a common tactic resorted to, or at least contemplated, by drivers who are angry at the person behind them for whatever reason. Many drivers think that if someone is tailgating them or otherwise perturbing them in some manner that they can simply slam on the brakes, get rear-ended, and place all of the blame for the accident on the other driver.
This tactic is not a recommended for several reasons. First, there are no positives to having an angry biker fly through your rear windshield assuming the biker is not a stuntman and you are not James Bond. Second, serious injury can occur to all parties involved in a rear-end collision. Third, Tennessee is a comparative-fault state, meaning that the court will determine what percentage of fault each party bears for the accident, and a driver who intentionally slams on the brakes to intimidate another driver or potentially cause a crash will undoubtedly be apportioned some portion of the fault despite getting rear-ended. Fourth, there is a chance that a driver who slams on the brakes will be found 100% responsible for the auto accident in Knoxville and end up paying the medical bills, lost wages, and additional accident-related expenses of the other party. Fifth, taking such action could possibly result in the driver facing criminal charges like battery and reckless driving.
Getting rear-ended is not a magical barrier against being found at fault for an accident, especially if you have deliberately taken action that caused or contributed to the causation of the accident. Drivers in Tennessee and throughout the U.S. need to be aware that such a maneuver can result in large lawsuits and criminal charges. Count to ten, take a deep breath, or use whatever anger-control mechanism you prefer in order to drive responsibly.
Source: http://news.findlaw.com/ap/other/1110/10-30-2009/20091030093508_10.html
