Few understand the danger caused by following too closely and most jurors do not normally drive any differently than the rear-ending driver under the facts presented.
The lawyer must demonstrate to the jury how the collision occurred and what the rear-ending driver did wrong in order to obtain a finding of negligence.
Even though the mere occurrence of a rear-end collision is not evidence of negligence as a matter of law, the rear-ending driver was almost always negligent.
To prove negligence on the part of a rear-ending driver, at the time the lawsuit is filed the plaintiff's lawyer should begin by submitting requests for admissions like the following:
When a stopped or slowly moving car is rear-ended, the collision occurred because the rear-ending driver either failed to keep a proper lookout or failed to apply the brakes until the car ahead was within the zone of danger.
Whether a rear-ending driver was at fault should not be left to speculation and surmise.