You can prove that the trailing vehicle was following too closely, thereby causing the rear-end collision you experienced, in a few ways, as detailed here.
Perhaps a passenger in your car or someone in another motor vehicle had the foresight to start recording video of the trailing vehicle before it struck your car. Maybe someone’s dash cam caught the negligent driving. Or it is possible you happened to pass by a bank ATM, gas station, or other business with a working surveillance camera that captured video of the driver following you too closely.
Also, consider that some busy intersections sport video cameras. The video may not be high-resolution, but it could be enough to detect the distance between two cars. Videos serve as excellent forms of proof because they are not subject to potential bias, inaccurate recollection of events, fading memories, or any of the other human-errors that accompany a witness’ statement or testimony.
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If other drivers were on the road at the time of your accident, chances are someone spotted the trailing driver’s negligent driving, even before he or she rear-ended your car. The trick is how to track down those witnesses. Here are some tips:
Sometimes, the negligent driver in a car accident will hop out of his or her vehicle and run over to you, apologizing for his or her negligent driving. In this case of a rear-end collision, the driver might say he or she is sorry for following too closely and rear-ending your vehicle.
Believe it or not, this “party admission” is admissible in court. One might think that the statement would count as hearsay because the comment was made outside of the courtroom. However, because the defendant made it against the defendant, the Federal Rules of Evidence classify such statements as “nonhearsay.”
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Some people might tell you that the injuries you sustained in your car accident can prove that the trailing vehicle was following too closely. However, although your injuries (whiplash, for example) can substantiate that you were rear-ended by another vehicle, they do not offer proof of how or why the collision happened.
You have probably heard the general rule that when you are rear-ended by another motor vehicle, the trailing vehicle automatically takes the blame. While this is often the case, some exceptions can lead to the leading vehicle’s driver to be at fault.
For this reason, proving that the trailing driver was at fault for the collision is critical. Without some degree of proof that he or she was negligent, you will not be able to establish fault and, consequently, liability for the recovery of your damages.
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Zanes Law’s car accident legal team knows where to look and how to get the evidence you need to prove that the driver who rear-ended you was negligent, at-fault, and liable for your car accident and your injuries. We will do everything from A to Z to see that you are compensated. Call us today at 866-499-8989.
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