What if the driver who caused my bicycle accident was tailgating another vehicle?
If the driver who caused your bicycle accident was tailgating another vehicle, you may have a valid claim for negligence in North Carolina. Tailgating is considered an act of negligence in North Carolina, as it could have easily caused the driver to crash into you or your bicycle. If your bicycle accident was caused by the driver who was tailgating, then you may be able to bring a negligence claim against them. To prove negligence in a bicycle accident case, you generally need to show that the driver in question had a duty of care to other drivers, that they breached this duty of care by tailgating, and that the breach caused your accident. In order to prove that the driver had a duty of care, you will need to show that the driver was aware of the risks of tailgating, and that they chose to ignore them. You may be able to demonstrate this by showing that they were tailgating for an extended period of time, or that they should have been aware of the potential risks of tailgating (for instance, if they were driving at a high rate of speed). If you can prove all of these elements, then you may have a valid claim for negligence against the driver who caused your bicycle accident. In North Carolina, you may be able to recover damages for medical bills, lost wages, and even pain and suffering.
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