Rear End Collisions
The last article addressed the general duty of motorists to operate their vehicles in a reasonable manner. However, there are innumerable examples of circumstances involving motorists that implicate specific circumstances involving motorists, the rear end collision is one such example. In this regard, the driver of a vehicle must not follow another vehicle more closely than is reasonable. What is reasonable depends on the speed of the vehicles, the traffic upon the roadway and the conditions of the roadway. We should all recall the rule of staying ten feet behind for every ten miles per hour. While a driver of a following vehicle may assume that the vehicle in front is being driven with care and caution, he must drive at an appropriate speed and must maintain enough space between the vehicles to enable the avoidance of a collision under reasonably anticipated circumstances. The duty of a following motorist is so strong that in the event of a rear end collision the law imposes a legal presumption of fault on the following motorist.
The presumption of fault is considered a rebuttable presumption. In other words, a rear ending motorist may escape liability for the collision by establishing the unpredictable driving of the preceding motorist created a sudden emergency that the following motorist could not have reasonably anticipated. Examples would include situations where a driver of a preceding vehicle changes lanes without first determining that the move can be completed safely or the situation of a driver entering the roadway from a private driveway or from the shoulder without first determining that any such maneuver can completed safely.
Cle’ Simon
For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.
