"Citizen Bob" > wrote in message
...
> On Mon, 26 Feb 2007 09:34:42 -0600, "richard" > wrote:
>
>>Most state laws clearly state that in these situations, having entered the
>>intersection and the light changes, YOU still have the right of way. Other
>>vehicles may not enter the intersection until it is clearly safe to do so.
>>As he stated that he did not see you, it is clearly his negligence. As it
>>is his responsibility to ensure that the intersection is clear before he
>>entered it. IOW, he admitted fault.
>
>>Your recourse is to take the other party to small claims court. Fully
>>explain the situation and what was stated by the other party. Most likely,
>>the judge will rule in your favor. Before court, get a copy of the state
>>law regarding this manner and be sure to present it to the judge.
>
>>As a truck driver, I run into this situation all to frequently. Luckily, I
>>have never been struck by an overanxious driver. "I didn't see you". yeah
>>right bud. How could you not see that huge truck in front of you?
>
> What if someone rear ends you while you are trying to change lanes,
> with your turn signal flashing? What if, under the same conditions,
> someone rear ends the guy behind you because the guy behind you came
> up on you too fast and had to slam on his brakes? What if the guy
> behind you comes up too fast on you and lays on his horn, then slams
> on his brakes and gets rear ended by a semi truck behind him?
>
> I see this kind of thing all the time in heavy traffic, so it is not
> at all unusual. Who is at fault in those situations? Are you required
> to yield the road to someone who thinks he own it? Or is it your
> fault because you were attempting a legal lane change and had to drive
> slower to do it safely?
>

In any case where a rear end collision occurs, most states say that the
driver in the rear is at fault.
Us civilians call it "tailgating" while the legal wording is "unassured
cleared distance", which covers many circumstances including passing a
vehicle and turning back into that lane so close to the vehicle there is
very little room. If you're not allowing for a safe stop, it's your fault.
Regarldless of who did what in front of you. Or where it happened.