Your honor, my client cannot be held responsible for rear-ending the car in front of him because, as the skid marks clearly show, he tried his best to avoid the accident. The problem is not that he was following too closely at all. The problem is that he didn’t quite stop in time, which is obviously the fault of his tires.
Mind you, your honor, that my client spent premium dollars for what he believed were premium tires. They, after all, were advertised to last 60,000 miles. The tire manufacturer is clearly at fault for failing to tell my client that these ‘premium’ tires have less traction than do lower mileage, less expensive tires.