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Determining fault in a tailgating accident

Kentucky drivers who fail to maintain a safe following distance may be considered at fault in the event of an accident. To prove negligence, occupants of a car that were injured after being hit by a vehicle that was following too closely would need to show that the operator of the tailgating vehicle had a duty of care to drive safely. Then, it must be shown that this duty was breached and that such breach was the cause of their injuries.

Finally, it must be established that damages were incurred because of the breach of duty. This may be done by providing medical bills or other relevant documentation. In some cases, negligence can be established by pointing out the fact that a driver violated the law by following too closely. Most states have laws that forbid drivers from following closer than is prudent or necessary.

In any car accident case, it may be necessary to have several different forms of evidence to prove that the accident was caused by the other driver. Evidence may include pictures from the accident scene, a police report or statements from people who witnessed the crash. Drivers who are hit from behind may also need to prove that they played no role in causing the crash such as braking suddenly when it wasn't necessary or driving while a brake light was out.

People who are injured in an auto accident may be entitled to compensation if it can be established that the driver who caused the crash was negligent in doing so. If negligence is established, it may be possible to win a financial award to pay medical bills, recoup lost wages or make up for lost future earnings. It may also be possible to win compensation to repair or replace damaged property.

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Wilhoit Law Office
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Grayson, KY 41143

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