If you ever been in a shocking situation like that then your awareness can be especially high. Like I said I been rear ended twice, and when some tail gates it can unnerve you. I still get a little nervious when one of my friends tailgates.
If he was forced into the intersection by A tail gater then I think the court should show compassion/ justice by going after the tail gater.
since the reflector theory won't work, you may be doomed to fighting it out or approaching these interestions with your foot hovering over the brake.