Greg, I appreciate your comment and opinion. I agree with you that the tailgating driver should bear the appropriate responsibility for the situation. Which is why, at least in the state of Maryland, if your actions are deemed to contribute to an accident at all, you cannot recover for your losses. This is called Contributory Negligence. In other states, it becomes a percentage game, where if the tailgating driver is found to be 40% responsible for causing an accident, they can still recover 60% of their losses. Maryland, on the other hand, says that if you are found to be even 1% at fault for causing the accident you recover nothing. But, this is only in the civil context, such as a personal injury lawsuit.
However, in the criminal arena, you have to look at the cause and effect of each person’s actions. If the lead driver, who is being tailgated, slams on their brakes and causes the accident, the argument can be made that they are the at fault party. Why? Because if they had not slammed on their brakes the accident likely would not have happened. The lead driver makes a choice to make an intentional action which directly leads to an accident. They may have had other choices, such as simply slowing down and moving over to another lane. I agree that the tailgating driver is likely the initial aggressor, but when the other party responds in such a way as to create an exceedingly more dangerous situation, the roles switch and the driver who slams on their brakes becomes the aggressor.
In your scenario, a driver who has little recourse other than slamming on their brakes due to traffic is not the type of person who would be affected by this. Why? Because in that scenario, they are presumably not slamming on their brakes to respond to the tailgater, but are slamming on their brakes to avoid hitting the car in front of them. That is normal and reasonable, and the tailgating driver would then be cited for following too closely and failing to control their speed to avoid a collision. My article is addressed towards those lead drivers who slam on their brakes for the sole purpose of trying to scare the tailgating driver into backing off.
Again, I appreciate your input and the time you took to respond to my article.
Instead of stepping on or easing off the accelerator, we need to be slamming on the brakes. We must not only slow the rise of CO2 in the atmosphere, but reverse it. We must reduce CO2 from 390 to 350 ppm as soon as possible. That should stop the planet’s accumulation of heat. Stabilizing the CO2 level will require rapidly reducing CO2 emissions until nature can absorb carbon faster than we emit it – in practical terms, cutting emissions to near zero.
||used to stop the car moving when it is parked
||put a light on to show which direction you are going to move in
||parts of the road that are divided for cars to drive in
||penalty points for breaking the law, e.g. speeding
||hit or push with a lot of force
|slam on the brakes
||dar un frenazo
|spin off the road
||salirse de la carretera
||change direction suddenly when you are driving
||shine a light for a short time
First, lets think about the idea of assault charges. Ask yourself what slamming on the brakes is supposed to accomplish? The easy answer is to say “to get the other car to back off.” But there is an underlying answer that is more important, it is “to scare the other driver into thinking they might rear-end the front car so that they decide to back off.” This is the important distinction. Slamming the brakes is intended to cause fear, fear of a potential accident and possible injury.
Meet Stella – a with her own brakes. In order to make sure that you never runs out of control, this dog has found a skillful way to slow herself down by dropping down her own hind legs just like a set of brakes. When you watch as Stella the dog slams on the brakes, you are going to feel happy and sad about this dog at the same time. It almost looks like Stella has some sort of physical impairment when this dog slams on the brakes. We want to thank for posting this video. Enjoy!