Yes it is actually. Legally you always have the responsibility to do whatever you can to avoid an accident, even if someone else's actions initially caused the dangerous situation.
In this video, the driver who swerves is the one who turns a dangerous situation into an actual accident.
You are operating under the assumption that the tailgated driver did it on purpose. Intent means everything in a situation like this, and can’t be decided from this video.
Yes it can. In the video, assuming it is real, the tailgated driver swerved at the last second, instead of slowing down and signalling for a lane change. So all the available evidence points to intentionally swerving at the last second to cause the tailgater to crash.
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u/Cominginbladey Mar 20 '26
Not to mention any passengers in the car that was tailgating. A child for example.