Attention, perhaps you did not know this but it can happen that if you swab you are not always wrong. There are exceptions and they absolutely cannot be ignored. Here’s everything you need to know.
The highway code is strict and does not admit errors of any kind. Especially rear-end collisions are always among the causes of an accident under examination. Also because every driver knows that there is a safe distance to respect. However, a rear-end collision does not always translate into error. It sounds incredible, but it really is. So let’s find out the exceptions concerning this particular related to motorists.
Infill, what the highway code says
The first thing to understand is when we can talk about rear-end collision. That is, when a vehicle is hit from the rear, and only in these cases. That said, according to Article 149 of the Highway Code, vehicles must keep a safe distance while driving that excludes any type of accident.
Whoever causes the collision risks a fine ranging from 41 to 168 euros. However, if the vehicles in front of those who hit the rear have suffered more serious damage, the fine can go up to 335 euros. If the rear-end collision involves serious harm to people, the fine can easily exceed one thousand euros.
However, even with a “simple” rear-end collision, three points of the license are lost which become five if serious damage has been caused to vehicles – in the case of personal injury, they become 8. Suspension of the license is not to be excluded, especially if the in two years a motorist has violated the safety distance at least twice, causing a rear-end collision.
Is it always the fault of those who hit the block?
However, there are some cases in which the blame may not be attributed to the tampers. But, instead, to the buffered. Whoever is behind must demonstrate that the failure to stop the vehicle and the consequent collision are due – at least in part – to details that do not actively concern him. And if that were the case, he wouldn’t be wrong in the slightest.
The Court of Cassation said that a sudden deceleration of the vehicle in front is not unpredictable when we are on the road. It can happen for several reasons, and for this reason there is a safety distance. But if there is a sudden and decisive braking not linked to an emergency maneuver (pedestrians in the middle of the road, for example) and therefore not justifiable, any type of fault for those who hit the rear must be excluded without a doubt. And indeed, has the right to compensation for any damage to the car and to himself / herself.
It is not said that if there is the life of the people in the middle, the blame should not also be attributed to the buffered person. A ruling by the Bari court recognized both the rear-end and the rear-end colliding guilt, with the latter having abruptly braked in order not to run over people he had not noticed until the last moment. Another hypothesis of “equal” fault is due to the fact of the brake lights; if they do not go, it is impossible to foresee a night braking, but at the same time the safety distance to be respected applies.