Legal Question in Traffic Law in Iowa

liability for auto accident

excellerating up a hill after stop sign. First driver slams on breaks in front of second driver. Second driver is unable to stop in time and hits first car. Driver of first car admits to second driver and a witness that he was waiting for someone to get close enough so he could do this. Laughs about it. Police do not give second driver a ticket. Who is liable in this case since this was a deliberate act by first driver which causes accident.


Asked on 3/17/04, 9:05 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: liability for auto accident

The problem is not so much who is liable as what you can prove. Without more than conflicting witness accounts such as you describe it would be difficult to prove who was at fault here.

The witness statements of what the driver said are likely hearsay and could not be admissible in court...although they are interesting.

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Answered on 3/17/04, 9:36 pm


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