How Negligence Per Se May Apply to a Tailgating Claim
Tailgating is a leading cause of a large number of accidents. Tailgating implies violating the Uniform Rules of the Road, and the violation comes under negligence “per se.” This signifies that the violation is an act of negligent conduct as per the law. Your lawyer can use this legal concept to prove the liability of the driver who caused harm to you.
Consult a Cheyenne accident lawyer to get more legal information regarding your case.
Negligence Per Se- An Overview
Negligence per se refers to a violation of an already existing law or statute. It means that a person acted in a way that led to the breach of duty of care expected from him or her. The duty of care is established by law, so its violation is considered negligence per se.
Every individual must comply with the duty of care set by the law. If he fails to uphold his duty, he will be responsible for any injuries caused by the violation.
All the drivers are expected to consider the speed of other motorists and prevailing traffic conditions to drive accordingly. He or she must drive in a way that is safe for the well-being of everyone on the road.
Make sure to keep a safe distance from the vehicle ahead of you so that you have enough reaction time to prevent any accidents. Proximity does not allow enough space to avoid a collision by taking brakes or slowing down the vehicle. This is why it is crucial to avoid tailgating at all costs.
Proving Liability for a Tailgating Crash
Your attorney can use negligence per se to prove that the driver failed to exercise reasonable care. However, it is still essential to establish that the driver’s negligent conduct is the proximate cause of the accident. The faulty driver can avoid liability by giving a believable excuse. Hence, it is necessary to showcase that the damage could have been prevented if he or she had followed his or her duties. Ensure your attorney displays the injuries resulting from the accident to emphasize the impact.
Avoiding Aggressive Tailgaters
Often, aggressive drivers on the road honk consistently and make obscene gestures to aggravate other motorists on the road. Avoid reacting to such drivers and maintain a safe distance from other vehicles. Drive at a suitable speed and check your blind spots to avoid mishaps.