Crunched 5000 TX law Question

[Aleksander Mierzwa]

At 12:01 2002-05-10 -0400, ScottyCBoy at aol.com wrote:

>My claim was denied by Allstate (evidentally I'm at fault because I was slo=
>wing down). I am now going to sue the guy in Small Claims court. I have a f=
>ew legal questions that I am having a hard time finding definitons for.
[...]
>The initail Accident report I was given a ticket ofr "Impeding Traffic" and=
> he was let go.

Either TX law is very, very bizzare or someone's trying to sc**w you.
Over here, if you became rear ended, it's almost automatically assumed it's
the other driver's fault. The rationale behind this is that if he/she
wasn't able to stop, he/she didn't keep safe distance and/or was going too
fast. Otherwise they must prove you made a panic stop without a valid
reason. Even if you were actually "impeding traffic", IMHO this does not
make you guilty of the accident.
Of course, I'm not a lawyer, heck, I'm not even American so what can I
know, but if I were you I would definitely take the case to court. The "you
slowed down so it's your fault that someone rear-ended you" explanation
sounds ridiculous to me.

--
Aleksander Mierzwa
Warsaw, Poland