Man I got in a accident on Monday.

It's difficult to tell for sure, but it looks like the truck hit the silver car just before you hit the truck. I wonder if that would have any bearing on the insurance company's verdict?

Airbot said:

smarteyeball said:

metalmania31 said:

Actually no I just got a new phone and that's when I got the idea. Boy which made think damn did I bring that on myself just by doing that. I know it's a big coincidence, but I can't help but think it.

Understandable thinking, but definitely just a coincidence.

Not if he was fiddling with or his attention was drawn away even slightly, by holding/videoing while driving.

but if US law is the same as Australian law in this situation, it's automatically deemed that the driver who rear ends someone else is at fault

It is.

No I wasn't holding or fiddling with the phone. If you watch towards the end of the video you'll see me in front of the car for brief moment. I had it mounted to window suctioned mount for phones. As for not stopping in time. I did slow. If you watch when the truck first hit the brakes I slowed, but then he suddenly slowed and stopped and that's when I braked hard. Since it's a highway I wasn't immediately expecting to come to a complete stop.

clunkfish said:

It's difficult to tell for sure, but it looks like the truck hit the silver car just before you hit the truck. I wonder if that would have any bearing on the insurance company's verdict?

I think it would as far as fault for hitting the car in front of the truck. I would be at fault for both car and truck if I had pushed the truck into the car. At least that's how I understand it from my google searches on the subject. Fortunately and unfortunately I only hit the truck.

Not sure having an video has helped you with this one.

Does look as if you reacted slowly.

Your lucky to not have received additional fine(s) for using a phone while driving.

Yes it seemed so. But even if the phone is "saddled" so to speak, using a hands free kit can still get you stopped and warned (At least it can over here.) It happened to a friend of mine while I was with him. Anyway, I'm not well versed in international laws, so I can't say where else does this.

linnemeyerhere said:

Newt, I believe the phone was set up in a stand and not in the drivers hand as it's way too steady.