When Their Brake Lights Didn't Work: How To Prove That You Were Not At Fault Of Rear Ending Someone

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According to Nolo, rear end collisions are usually caused by drivers who hit the cars in front of them. However, this is not always the case, particularly when the lead driver's brake lights are not functioning properly. Brake lights are a way for drivers to determine when someone in front of them are applying their brakes. However, when brake lights are malfunctioning, the following drivers are unable to easily make the determination that the driver ahead of them is applying the brakes.

This can be particularly dangerous when the lead driver slams on their brakes, giving the following driver little to no reaction time even when following at what could be considered a safe distance under normal circumstances. Here's what you need to know if you rear ended someone and you are certain their brake lights were not working at the time of the accident. 

Inform Law Enforcement

Hopefully, you were able to provide law enforcement with a statement that the driver in front of you did not have operational brake lights. Of course, depending on the severity of your injuries at the scene of the accident, you may not have had the ability to inform law enforcement regarding this important matter. If you were unable to provide a statement to law enforcement on scene, ask an attorney about what you need to do to provide a statement after the fact. This statement will be weighed by the insurance company as they work on the claim or in court proceedings if you choose to file a lawsuit. 

Obtain Witness Statements 

To help your case, obtain witness statements from anyone who saw the brake lights were not working before you rear ended the vehicle. If you had a passenger with you who did not see brake lights, ask them to provide you with a statement. If you do not have a copy of the police report of the accident, go to the police department to request one. The report should contain witness names and contact information, as well as their statements if they provided any. If they didn't provide a statement, your attorney can send them letters asking them to provide statements if they noticed the vehicle did not have functioning brake lights. 

Request a Motion of Discovery 

You may need some legal help in asserting your stance on the matter when it comes to filing a claim against their insurance company or seeking compensation for your injuries and property damage in a lawsuit. This can be done through a motion of discovery, which your attorney will handle. The motion of discovery will request an investigation of the functionality of the brake lights of the vehicle you rear ended. A mechanic will then be asked to investigate the light bulbs and braking system. However, this doesn't necessarily mean that the driver ahead of you was negligent, but it can mean that you were not fully at fault of the accident.  

Also, if necessary, previous maintenance and repair records as well as traffic violations regarding the vehicle you rear ended may also help prove your case. Maintenance and repair records can be included in the motion of discovery request. Your attorney can obtain previous traffic violations of operating an unsafe vehicle due to faulty brake lights, if any, whether the driver you hit or another driver was operating the vehicle. 

In conclusion, due to the presumption that following drivers are often at fault of rear ending vehicles in front of them, you should contact an attorney at firms like the Walter Bailey Law Firm to help improve your chances of a successful outcome in a claim or personal injury case. 

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27 July 2018

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