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.

1. 10
Liability Factors in
Rear-End
Collisions
© James Publishing

2. 1
YOUR VEHICLE’S
POSITION
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.

3. 2
SPEED &
FOLLOWING DISTANCE
THE OTHER VEHICLE’S
––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?

4. 3
SIGNALS AND
BRAKE LIGHTS
––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?

5. 4
PROPERTY
DAMAGE
What was the extent of
property damage to each
vehicle?
–– Minimal
–– Moderate, or
–– Severe?

6. 5
BOTH DRIVERS’
STATEMENTS
––What statements were made by the
driver of the car that struck your
vehicle?
––What statements did you make?

7. 6
ALCOHOL AND
DRUG USE
Did either you or the
other driver consume
alcohol or medications
or other drugs prior to
the collision?

8. PASSENGERS
7 AND OTHER WITNESSES
––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?

9. 8
ROAD CONDITIONS
What were the road conditions?
wet, icy, snow covered, slippery, etc.

10. 9
LIGHTING
What were the lighting conditions?
dark, dusk, sunny, etc.

11. 10
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?