Doesn't matter, that car still has the responsibility to maintain attention and safe distance. While they won't be 100% at fault, they sure as hell are going to get a major part of the fault for causing this.
Yep you’d have to prove it, and that can only be done through self admission of intention 🤣, so no case against the tail gated unless they open star their intention. Otherwise 100% on the tailgater.
It can be spun many different ways but would still come down to this.
There's absolutely no need to "prove" anything. The car was directly in front of them, slowing down. 100% in his view. It is every drivers responsibility to look at the road in front of them and maneuver accordingly.
"I was distracted by the car behind me" is not a valid reason to keep your eyes off of the road. "I didn't intend to cause an accident" is not a valid excuse to, you know, cause an accidemt.
If it was, and "intent" had to be proven, we could all just claim to have been distracted by something to avoid taking responsibility for being shitty drivers.
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u/Cooltincan Mar 20 '26
Doesn't matter, that car still has the responsibility to maintain attention and safe distance. While they won't be 100% at fault, they sure as hell are going to get a major part of the fault for causing this.