Waiting at a red light and you get hit from behind. Now what?
Louisiana Revised Statute 32:81 requires that the driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway. What does this mean? As a driver, you must not tailgate. Do not drive faster than the conditions allow and do not exceed the speed limit. When in heavy traffic, stay alert and be aware that other drivers may not be as prudent. If it is raining or foggy, slow down. Do not drive too fast for the conditions.
The Louisiana Supreme Court has held that a driver of a following vehicle is presumed to be negligent when a rear-end collision occurs. That driver can present evidence that he had his car under control and followed at a safe distance under the circumstances. If that driver can prove that the vehicle he rear-ended