Legal Question in Traffic Law in Wisconsin

Rear end collision

Hello, my question is I rear ended someone while coming over a small hill to a traffic light. The traffic in the left lane had already moved through the light while the right lane was moving very slowly. I failed to stop fast enough and collided with the hitch on the back of a suburban. The driver of the suburban was neither licensed nor insured. Am I responsible for the negligible damage done to his hitch and his ''back injuries''?


Asked on 10/10/07, 3:03 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Responsibility of Driver Causing a Rear End Collision

The rules of the road require all drivers to maintain adequate lookout and control of their vehicles, which implies that they should not crash into stationary objects such as stopped vehicles. If visibility is limited by a hill, all drivers have a duty to slow down until they can see what is on the other side. Therefore, any driver who crashes into a stopped vehicle or any other stationary object is generally 100% at fault and responsible for all provable damages of any injured parties. The same applies to slippery road conditions or any other factors which make control of a vehicle difficult, i.e., if you cannot control your vehicle so as to avoid all stationary objects at all times, you should not drive it. When you decide to driver under difficult conditions, you are 100% responsible for proveable damages to any stationary object which you allow your car to hit. The one exception to this rule might be a scenario where the front vehicle slams on its brakes for not good reason in order to intentionally cause the collision. By "provable damages," I mean that the victim can prove a causal link between the collision and the injuries, i.e., if there were pre-existing back problems, the damages might be reduced.

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Answered on 10/12/07, 12:31 pm


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