In Louisiana, a following motorist is presumed to be at fault for rear-ending another vehicle. See La. R.S. 32:81. After the car accident, the driver that rear-ended the other vehicle has to fight an uphill battle to prove that the accident was not his fault. Thus, it is imperative that drivers maintain a safe distance behind vehicles while in transit.
A good rule to follow is the “three-second rule” when following a vehicle. To use the rule, find a fixed object to the right or left of the vehicle that you are following. When the vehicle ahead passes the object, begin counting slowly “one-one thousand, two-one thousand, three-one thousand.” If you pass the fixed object before saying “three one thousand,” you are following too closely.
Following at a safe distance will help prevent accidents. Vehicles may stop suddenly due to emergencies. When this happens, you will have a better chance of avoiding a rear-end collision by following the “three-second rule.”
Another tip is to make sure that you can see the rear tires of the vehicle that you are either stopped behind or traveling behind. If you cannot see the vehicle’s rear tires, you are likely following too closely and are “tailgating.” Tailgating vehicles in traffic is not only unsafe but also rude and annoying.
Also, if you have to be at a destination at a particular time, leave early. You are less likely to follow too closely when you give yourself plenty of time to reach your destination punctually. No one likes being late, but people also do not like being rear-ended by drivers that are in a rush.
If you rear-end another vehicle, your insurance company will likely deem you at fault for the accident. This will likely result in your insurance company raising your insurance premiums, and no one wants that to happen. Moreover, you will expose yourself to a personal injury claim by the driver and passengers in the vehicle that you rear-ended.
Be smart on the road, and drive safely.
If you have suffered injury from an accident and have questions about negligence, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation. Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana.
