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The driver of the second (rearmost) car is At Fault. However, this might not be always true. It depends on whether or not the incapacitated car was moved over to the breakdown lane or not.

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Q: When an incapacitated car with flashers on is rear ended who is at fault?
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Related questions

Who is at fault if you are rear ended?

It depends on the situation. If you stoped short and got rear ended it is your fault. But if you stoped becasue the driver in front of you stoped then it is that persons fault. If you are sitting at a stop light and get rear ended it is there fault. If you are parked in a parking zone and get rear ended it is there fault. Hope this Helped


Who is at fault if you get rear ended causing you to hit the wall then another car?

The driver who rear ended you is at fault.


Who is at fault if you are rear ended in Kentucky?

Obviously the person driving behind you would be at fault.


If it is a clear day and you are hit from behind with your flashers going who is at fault?

Unless you are backing up, a rear-end collision is almost always the fault of the person who hits you from behind.


Who is at fault the driver who has no insurance no license and is an illegal immigrant or the one who rear-ended him?

In New Jersey it is the driver who rear ended him who is at fault. However, that does not mean that the illegal unlicensed driver will not face deportation.


If you made a quick stop due to a pedestrian in a crosswalk at a busy intersection and were rear ended by a second car which was rear ended by a third who is at fault?

If the car that rearended you without being hit by the third car first then the car in the middle is at fault for your damage and the third car is at fault for the damage to the rear end of the middle car. The first car is not at fault for the quick stop.


What happens if you rear end someone whose brake lights were not working who is at fault?

the driver that rear ended the car. The person that rear ended will probably get hit with a following too close (if they weren't they would have noticed the other vehicle slow down or stop) and an At Fault Accident and the car that got rear ended would probably get an equipment violation for their brake lights out.


Am i at fault it the person i rear ended medical records indicate positive for alcohol and marijuana?

If you rear ended a person and that tested positive for alcohol and marijuana you blew their buzz!


What if your rights when your rear ended by a driver with the same insurance company as you?

that does not matter, the person who rearended will be at fault


Do insurencs pay 4 no fault accidents?

If the accident was not your fault (someone rear-ended you, for example), then you would claim on their insurance, and they would pay out.


Which driver is at fault if a vehicle was rear ended with only one of three brake lights working and no insurance?

The presumption is that if you were rear ended, the other driver is at fault. The brake lights not working is a mitigating factor, but the bulk of the blame still goes with the other driver. Insurance doesn't have any relation to fault. But it coculd get you a ticket.


If a driver of a truck towing a camper that exceeds the truck manual's towing rating is involved in an accident is the truck driver at fault?

If he was at fault, regardless of whether he was pulling a camper or not, he would be responsible. Pulling a camper doesnt make you responsible for an accident if that was the only thing you did wrong. If someone rear-ended him, its their fault, if he rear ended someone or ran a red light, then yes, its his fault.