Right or wrong, the Nissan driver was still stupid for stopping.
Funny thing happened to me on the way to work....
Driving on the Garden State Parkway - 65mph zone. All of a sudden, there's a huge slowdown infront of me. Turns out about 10 cars ahead of me, there's a BMW 5-series STOPPED in the fast last lane - maybe 5 inches over the line -- with most of the car still occupying the fast lane. Driver had his flashers on and was on the cell phone.
I presume these was some mechanical issue, but the driver could have made a better effort at pulling over. Could have gotten really bad really fast.
Quote:
Originally Posted by GeorgeK
Looong before throwing the blame on the Nissan, there is a simple fact one can not oversee:
The pickup driver, as every driver, has a duty to look where he is going. and to stop for obstacles.
All the rest is moot. There is no need to analyse why the Nissan stopped. There is an obstacle on the road, NOT a sudden unforeseeable trap. Had the pickup driver been driving instead of doing whatever else, this would not have happened. Fault is his. If it had been a dead cow, or any natural obstacle on the road, he'd have creamed it as well.
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While according to the letter of the law, you are correct - the driver behind is always at fault.
That does not negatve the fact that the Nissan driver was stupid for stopping in the middle of the road. You don't do that - people don't expect that - it is a dangerous thing to do. Just like that BMW driver on my way to work.
So - if you are going to come to a dead stop in the middle of the road for no apparent reason, don't be surprised if you get slammed in the rear by another car.
-Z-man.