One of the most frustrating experiences that a driver may encounter on the roadway is another driver who engages in tailgating.
Tailgating happens when drivers follow the car in front of them too closely, often at a dangerous distance. This is especially true when tailgating occurs on the highway, where cars are traveling at a high speed. If something happens suddenly, the tailgating vehicle may be unable to stop in time to avoid colliding with the preceding car. In many cases, these crashes involve three or more cars and result in severe injuries.
File a Personal Injury Claim Based on a Tailgating Accident
If you were injured in a tailgating accident, the best way to recover compensation is to file a negligence claim. Negligence claims involve proving four separate and equally important elements.
The first element consists of showing that the defendant owed the plaintiff a certain level of care. In general, drivers have a duty to operate their vehicles with reasonable care and skill. This includes obeying any regulations that apply, including laws against reckless driving, speed limits, and requirements regarding the right of way.
If a plaintiff can show that the other driver failed to comply with a traffic law or statute at the time that the accident occurred, the plaintiff probably will be able to establish that the defendant used inadequate care. This is the second element, known as a breach. A plaintiff also may prove that the defendant breached the standard of care by showing that a reasonable driver would have acted differently when faced with a similar situation. Some common causes of tailgating crashes include distracted driving, like talking on a cell phone or texting, as well as intoxicated driving and road rage.
Next, the plaintiff must show that the other driver’s failure to use the appropriate care was the direct cause of the collision and the resulting injuries. Many defendants argue that the plaintiff’s own negligence was either partially or totally to blame for the accident. This strategy may reduce, or in some cases even eliminate, a plaintiff’s compensation, so it is important to enlist a knowledgeable personal injury lawyer who can show that you were not at fault.
Any damages award is typically based on the evidence that the plaintiff provides, including documentation of medical bills, surgeries, physical therapy, lost wages, lost earning capacity, property damage, and any other expenses that are the direct result of the accident. Compensation for subjective forms of harm like pain and suffering may also be awarded.
Enlist a Trusted Car Accident Attorney
If you have been injured in a tailgating accident or another motor vehicle collision, experienced car accident lawyers Matt Uhrig and Alex Brown are ready to help you fight for the justice that you deserve. If you want our team on your side, be sure to reach out. We’re here to help.
