On Thu, 23 Jun 2011 19:35:01 -0400, wrote:


The guy at the back of the chain is ALWAYS at fault. Occaisionally in
that kind of a situation, when it can be proved beyond reasonable
doubt that a car farthur up the line had also collided with a car in
front of him BEFORE being rear-ended, the other driver can also be
charged and convicted.

As to the other driver, to find him guilty of something, yes you need
evidence beyond a reasonable doubt.

But defenses, like for the driver in back, don't have to be proved
beyond a reasonsable doubt, only to a preponderance of the evidence
iirc. Because if the preponderance of evidence is that his defense
is true, then by logic, he can't be guilty beyond a reasonable doubt.
If his defense is likely true, there must be reasonable doubt. And
there is a statute in most states that codifies this.