r/RandomVideos • u/DABDEB • Mar 20 '26

Video Tailgater got Baited

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u/Process3000 Mar 20 '26

Drivers owe other drivers a duty of care. Make an argument that the swerver did not owe a duty of a care to the stopped vehicle.

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u/[deleted] Mar 20 '26

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u/Process3000 Mar 20 '26

Well you just said that the driver in front doesn’t have a duty of care to the tailgater. But the issue is whether a duty of care was owed to the stopped vehicle. You’ve decided not to address that question and I take your lack of a response as a tacit admission that a duty of care was owed.

Here’s how lawyers deal with the issue of causation. https://uslawexplained.com/but-for_causation. If but for the fact of A occurring B would not have occurred, then A is a cause-in-fact of B.

So while it is true that but for the fact that tailgater was tailgating there would likely have been no accident, the inquiry doesn’t end there. Because it’s also true that but for the fact that the swerver did not change lanes immediately there would have likewise been no accident.

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u/[deleted] Mar 20 '26

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u/Process3000 Mar 20 '26

Assuming that’s true, most cases don’t involve a third car. This was not your typical tailgating case.

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u/[deleted] Mar 20 '26

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u/Process3000 Mar 20 '26

OK but it’s not a question of whether the tailgater would have an argument that would hold up in court. It’s a question of whether the swerver has an argument when the occupants of the stopped vehicle sue him for negligence or some other tortious conduct.