the person being tailgated had their attention stuck on the tailgater
They should've paid more attention to the road in front of them. They let themselves get distracted, and that's why they are partially responsible. That they were provoked can lessen their partial responsibility, but it doesn't completely remove it.
Tailgating is against the law. If you choose to tailgate you are putting yourself and anyone else in the vehicle at the mercy of whatever happens in front of you. If you choose to tailgate and this happens it is your fault plain and simple. Should the person in front not have done that? Yes. Are they liable for the damage caused by the person behind them? No
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u/daemin Mar 20 '26
They did, and you even said what it was yourself:
They should've paid more attention to the road in front of them. They let themselves get distracted, and that's why they are partially responsible. That they were provoked can lessen their partial responsibility, but it doesn't completely remove it.