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If you were injured in a rear end collision, the answers to these questions will be important in determining the liability of the driver who ran into you and whether any degree of fault will be attributed to you, which could decrease the value of your case. There are ten liability factors in rear-end collisions. 1. Your vehicle’s position. 2. The other vehicle’s speed and following distance. 3. Signals and break lights. 4. Property damage. 5. Both drivers’ statements. 6. Alcohol and drug abuse. 7. Passengers and other witnesses. 8. Road conditions. 9. Lighting. 10. Possibility of defenses.
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10Liability Factors in
Collisions© James Publishing
Rear-End
What was the position of your vehicle prior to the collision?
– Stopped in traffic – Waiting for a light to change – Turning left or right – Slowing down for traffic – Waiting to turn into a driveway, etc.
1 YOUR VEHICLE’S POSITION
THE OTHER VEHICLE’S SPEED & FOLLOWING DISTANCE – What was the approximate speed of the car that struck your vehicle?
– Did you observe the following distance of the other vehicle at any time prior to the collision?
2
SIGNALS AND BRAKE LIGHTS3
– What turn signals were you using at the time of the incident and how soon before turning or stopping did you engage the signals?
– Were your signal lights working? Were your brake lights working?
What was the extent of property damage to each vehicle?
– Minimal – Moderate, or – Severe?
4 PROPERTY DAMAGE
– What statements were made by the driver of the car that struck your vehicle?
– What statements did you make?
BOTH DRIVERS’ STATEMENTS
5
ALCOHOL AND DRUG USE
Did either you or the other driver consume alcohol or medications or other drugs prior to the collision?
6
– Were there any passengers in either vehicle to support your version of the incident? How credible are such potential witnesses?
– Were there any objective witnesses to the collision?
7 PASSENGERS AND OTHER WITNESSES
8ROAD CONDITIONS
What were the road conditions?wet, icy, snow covered, slippery, etc.
What were the lighting conditions?dark, dusk, sunny, etc.
9 LIGHTING
POSSIBILITY OF DEFENSES
– Is there any indication or suggestion of a defense such as sudden brake defect, icy conditions, sun in the eyes, your failure to signal, etc.?
– If there is a suggestion of any defense, how will the defendant prove it?
10