The Law Offices of W.A. “Chip” Forstall, Jr.
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Determining if a tailgating driver can be held liable

If a Louisiana driver becomes involved in a car accident that involved tailgating, the driver that was tailgating will most likely be held liable for the crash as it is illegal to follow other vehicles too closely. However, there are certain liability issues that the driver who was not tailgating will have to prove in order for the other person to be held liable.

There are four main elements that must be met for a negligence claim involving tailgating to be successful. First, a person must show that the other driver owed a duty of care to drive responsibly. It must be shown that the driver failed to meet this duty by following too close. It must be proven that the person suffered injuries that were directly caused by the tailgating incident. Finally, the injuries must be proven either through medical records and bills or by some other manner.

Even if all of these elements are met, proving liability in a tailgating accident can still be difficult. It is always helpful to have as much evidence as possible, including eyewitness testimony, photos of the crash scene and police reports. It also can help the case to have evidence showing that the injured person played no part in causing the accident by stopping without warning or having a brake light out.

People who are in car accidents caused by negligent drivers could suffer serious injuries no matter how minor the crash may seem. Occupants of vehicles that are struck from behind, for example, could sustain whiplash, injuries to their back and in some cases a TBI if they strike the windshield or dashboard. They may want to meet with an attorney in order to determine how they should seek compensation for their medical expenses and other losses.

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The Law Offices of W.A. “Chip” Forstall, Jr.

Chip Forstall
320 North Carrollton Avenue
Suite 200
New Orleans, LA 70119

Phone: 504-434-5518
Fax: 504-483-3447
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