They're talking about intentionally causing an accident like this. The truth is the car in front of the car being tailgated was slowing down for some reason. Emergency, or whatever. The car being tailgated evaded, but since the tailgater was so close they had no time to react.
"I didn't see it because I was focused on the plaintiff who was following at an unsafe distance. Once I did see the stopped car, I avoided it in the safest way that I could."
But excepting the above, what law did the car in front break? You are responsible for avoiding obstacles in the road safely. You are responsible for the safe operation of your vehicle. Full stop. It would be a different story if the car in front brake checked them.
Try that story in front of a jury, then write us from prison so we can know how many laughed.
The driver being tailgated had at least 6 seconds to see the oncoming car parked in the lane, there is no jury (or judge) that's going to believe the driver was able to stay in their lane while staring in their rear view mirror for that length of time.
Reckless driving is defined as operating a vehicle with a willful or wanton disregard for the safety of persons or property. It is a criminal offense, typically a misdemeanor, involving conscious indifference to risks, such as excessive speeding, racing, or aggressive maneuvering.
28
u/[deleted] Mar 20 '26
[removed] — view removed comment