Currently, many drivers are concerned about maintaining a safe distance in actual traffic conditions.
When one vehicle is maintaining a distance from the front vehicle on the highway, another vehicle can change lanes and enter this gap. At that time, the distance between the two vehicles is narrowed even if the vehicle behind does not actively change position.
Notably, if after squeezing into a gap, the car changing lanes continues to brake suddenly and collision occurs, the determination of responsibility cannot only be based on the common principle that "the car behind hits the car in front, then the car behind is at fault".
The following hypothetical situation is one of the typical questions that many drivers are still concerned about. Specifically, if car 2 has moved lanes too close to the front of car 1 and then braked suddenly, causing car 1 to react immediately but still cannot avoid collision, in this case, car 1 may still be determined to be faulty and in what specific case is there a fault?
Talking to Lao Dong about this content, Lawyer Hoang Ha (Ho Chi Minh City Bar Association) explained that if there is a basis to determine that car 2 changed lanes too close to the front of car 1 and then braked suddenly, causing car 1 to react immediately but still not have enough time and distance to avoid collision, then car 2 has a basis to be determined to bear the main fault, even the entire fault for the accident.
The lawyer also said that car 1 is not necessarily at fault just because "the car behind hits the car in front". To determine whether car 1 is at fault or not, functional agencies need to clarify whether after car 2 changes lanes, car 1 has sufficient practical conditions to recognize danger, reduce speed or implement collision avoidance measures or not.
If the time from vehicle 2 entering the lane to braking is too short, the distance between the two vehicles is not enough for vehicle 1 to react and perform safe collision avoidance operations, then this objective factor needs to be considered when determining responsibility.
Conversely, if evidence shows that vehicle 1 has enough time and distance to recognize the situation, reduce speed or avoid vehicles in front but does not take necessary measures, vehicle 1 may still be determined to be at fault. The level of fault of each party must then be assessed based on the entire diễn biến of the incident.
According to the lawyer, the determination of responsibility in these situations needs to be based on specific factors such as the speed of each vehicle, the distance between vehicles before and after changing lanes, the time vehicle 2 enters the lane, the time of starting braking, the reaction time of vehicle 1, road surface conditions and visibility.
Therefore, in a situation where another vehicle suddenly "fills in" the safe distance and then brakes suddenly, it is not possible to just rely on the collision location or the principle "the car behind must keep a distance" to immediately conclude that the car behind is faulty.
The determination of responsibility will be based on actual developments and evidence, thereby clarifying which vehicles created dangerous situations, which vehicles are capable of handling but not handled, and the level of contribution of each act to the accident.
