Legally car 2 is at fault in both scenarios. However in your scenario
the primary cause of the accident is the obstruction in the road.

On 11/28/05, Nick McClure <[EMAIL PROTECTED]> wrote:
> Car two should anticipate poor road conditions and adjust, in your
> description car 2 lost sight of car 1. In this case I always decrease speed
> if I'm car 2, because the road ahead is unknown. If I loose sight of the car
> in front of me because of a hill, turn, or anything else, I slow down.
>
> I don't assume the car in front of me is going be going the same speed if I
> loose sight of them. In fact I always assume they will be going slower.
>
> Going on your same basic scenario, say car 1 tops the hill on a sunny day to
> find a tree down in the road, or an emergency vehicle, they stop, car 2 hits
> car 1.
>
> Who is at fault?
>
> > -----Original Message-----
> > From: Dana [mailto:[EMAIL PROTECTED]
> > Sent: Monday, November 28, 2005 4:07 PM
> > To: CF-Community
> > Subject: Re: Higher Taxes for Hybrids
> >
> > there is legal fault and there is who caused the accident. Not always
> > the same thing. Legally you are correct.But suppose two cars are
> > following each other on a hilly road. Car two maintains proper
> > distance. Car one tops a small hill, finds ice on the other side, and
> > stops because its driver is afraid of ice. Car two also tops the hill
> > and finds that car one, which had been travelling at 35mph, is
> > stopped. Because this is unanticipated and the road is icy, car two,
> > hits car one.
> >
> > Legally car 2 is liable. However, in my opinion this accident was
> > caused by car 1's stupidity.
> >
> > Dana
>
>
>
> 

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