In West Virginia, motorists who cause a car accident after tailgating the vehicle in front of them may be held liable for any resulting injuries or damages. This is because drivers are responsible for maintaining a safe distance behind the vehicle in front of them so that they can avoid an accident if the other vehicle suddenly stops. However, it can be still be difficult to prove that the tailgating driver was liable.
Liability for a car accident is strictly tied to whether a driver was negligent. As such, there are four main elements that an injured person will have to prove before the tailgating driver can be found liable. For example, the injured person must prove that the tailgating driver had a duty to drive responsibly. The injured person must prove that the driver breached this duty and caused the crash as a direct result. Finally, the injured person must prove that the damages that were sustained were caused by the accident.