10 liability factors in rear-end collisions

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?

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