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Tailgating and liability

| Apr 20, 2017 | car accidents

Minnesota motorists should be aware that if they follow too closely behind the vehicle in front of them, they may be held liable for any resulting accident. In order to exercise due care when driving, drivers should maintain a safe distance between themselves and the vehicle in front of them and be ready to come to a stop before striking it.

If a tailgating accident does occur, the fault of the accident could be associated with a driver’s negligent driving behavior or his or her violation of motor vehicle laws. Duty, breach, causation and damages are the four primary elements of this type of a negligence lawsuit.

The plaintiff would have to show that he or she was owed a duty of care by the other driver to drive responsibly and that the other driver breached that duty by following too closely. The driver would also have to demonstrate that his or her injuries were sustained because of the other driver’s breach of duty and were caused by the tailgating accident. Medical records would likely have to be submitted to verify that the injuries occurred.

Because there are anti-tailgating laws in almost every state, injured plaintiffs may point to how the other driver’s violation of the driving laws was proof of culpability in the accident. A personal injury lawsuit could be successful, however, even if the tailgating motorist was not issued a citation.

Rear-end car accidents can cause significant injuries to the occupants of the vehicle that was struck from behind. People who have been harmed in this manner may want to have legal assistance when seeking monetary damages for their medical expenses and other losses.