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john65pennington's avatar

Who is at-fault for a sixteen car crash on the interstate?

Asked by john65pennington (29258points) January 8th, 2011

It starts out as rain. The temperature falls dramatically, to below freezing. The bridges freeze-over first. On the interstate, at the bottom of the hill, black ice has formed on a bridge. Car #1 hits the black ice at approximately 50 mph and out of control. Car #1 is disabled and in the middle of the interstate. Car #2, realizing the ahead situation, hits the brakes, goes out of control and strikes Car #1. Now, two vehicles are disabled and in a dangerous position on the interstate. Cars #3 through #16 follow the same crash procedures as #1 through #3. Salt trucks have not yet salted the interstate, at this crash scene. Question: who is at-fault in this crash scenerio? Is it Car #1, Car #2 or all of the vehicles involved and why?

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15 Answers

coffeenut's avatar

Wouldn’t this just classify as No-fault…because of road conditions/speed/closeness of each vehicle….ect mother nature should have to foot the bill

Cruiser's avatar

The black ice.

klutzaroo's avatar

Too fast for conditions would be the only thing that I think you could cite for if that were true. Other than that, it just seems like one of those things that no one can be blamed for other than chance and circumstance and Mother Nature. Like you can’t blame a driver if a tornado comes and picks up their car and puts them down somewhere and someone hits them. Unlikely, but the closest I think I can get to the circumstance. :)

BoBo1946's avatar

#2 for hitting his brakes! My first thought was none are at fault. But, if he realized there was ice on the road, the last thing you do hit the brakes.

chyna's avatar

@BoBo1946 You are correct. This happened to my brother in Alanta, GA. He was the number 2 guy and 8 cars behind him also wrecked. He was held responsible, or at least his insurance was.

lucillelucillelucille's avatar

16 people in my opinion.Isn’t one supposed to have control of their vehicle under all weather conditions?

Seaofclouds's avatar

I’d say each person that hit the person in front of them (so cars #2 thru #16). Car #1, while not driving the best due to the conditions, was technically not in an accident until car #2 hit him. While the ice plays a major roll, I’d say driving in a way that was inappropriate for the weather and possibly inattentive driving could also be blamed. I think it also depends on the proximity of the cars behind car #2. If they were close enough together where they wouldn’t have time to react, then more blame would go to car #2. But, if eat vehicle came up to the accident individually and reacted the same way, I’d say the blame would be more even.

jeffgoldblumsprivatefacilities's avatar

To some extent all are at fault, but most of the blame goes to Car 2.

iamthemob's avatar

@BoBo1946, @chyna – but isn’t the situation complicated by the fact that the first car did not, in the facts, hit their brakes, and therefore it apparently makes no difference whether or not car 2 did or did not?

I also don’t know what “realizing the ahead situation” is. And the time to react factors in…if they fully realized – hey, that car skidded due to black ice! we could say #2.

I would say if fault is to be based on any primarily negligent behavior, it is the first car. The conditions would have been clear. When it’s raining and there’s a temperature drop, you should know about the possibility of black ice. And if you have a license, it’s assumed that you should also know that the first place black ice will form is on a bridge (the cold air above and below the bridge freezes the rain faster). Therefore, hitting the bridge at 50 mph seems negligent.

Two caveats. (1) this is the case only if it was possible to slow to a point below 50 mph before they hit the bridge, and (2) if there was sufficient time for the first car to turn on their hazards, that may put the blame on car #2 if they had time to see it and, of course, slow down.

chyna's avatar

@iamthemob This happened several years ago with my brother and I know he fought it, but lost his case. I’m not sure if he got a lawyer, or if his insurance company fought it for him.

CyanoticWasp's avatar

Everyone there shares a more or less equal amount of culpability.

Interstate highways aren’t NASCAR tracks, with every driver inches from every other. At least, they’re not supposed to be. But too often people drive on them as if they are.

I recall one of the scariest drives I ever took, through the hills of Eastern Pennsylvania the night before Thanksgiving one year, driving back to New England to celebrate Thanksgiving. There were ‘Deer Crossing’ signs every mile or so on the Interstate, and it was November, the rutting season for deer, when they often do unpredictable things anyway. And since the signs were up, anyone should have known that this was a popular place for them.

Then the fog closed down and it started to rain. Visibility was down to a few yards. So here we were, on a high-speed road in bad conditions at night at a time of year and in a place where deer are active. And the idiots in the left lane acted like they were on a NASCAR track, not one of them slowing down from 65 mph. Those of us who stayed to the right only moved as fast as we could keep the driver in front in view and give room to stop, so we were going 25 – 30 mph. I kept thinking that all it was going to take was for one deer to make a move toward the road, and we could all be dead.

@lucillelucillelucille is right: You don’t drive faster than you can see, react and stop, given the conditions you’re in.

Car #1 was traveling too fast not knowing whether the bridge was frozen or not. Car #2, ditto, and for not having room to stop safely behind Car #1. And everyone else has to remember: when you hit the car in front of you, unless they’re trying to deliberately provoke an ‘accident’ for some kind of insurance scam, then you’re at fault.

ucme's avatar

Ironic that they’re always referred to as accidents. Someone is always at fault, rendering the descriptive “accident” obsolete.

Cruiser's avatar

Google Black Ice and almost every report says “Cops blame Black Ice for pile up”.

BoBo1946's avatar

@chyna somehow, doesn’t seems right… As Cruse said, we are talking about black ice. But, the way John worded his question, the second guy saw the situation… so.. From working ins claims for 25 yrs, did not always agree with the ins. co., but they were the boss!

LuckyGuy's avatar

Look at this video and tell me who’s at fault Spokane Washington 12/18/2010

Go to the end and you will see the hill is not so steep. People are driving slowly but once then hit the ice they do not have a chance.

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