Everyone has had the experience of looking in their rearview mirror only to discover that the vehicle following them is extremely close to the back bumper of their vehicle. Not only is this an unsettling sight, but it also can frustrate, annoy, and frighten the driver. In some cases, motorists who engage in tailgating behave recklessly or dangerously. Drivers are right to feel concerned when they see a vehicle tailgating behind them.
The Insurance Information Institute (III) cites data that shows nearly 2,500 people died in accidents involving tailgating and/or rear-end collisions in 2017.
If you or a loved one is suffering from injuries or losses as a result of someone tailgating your vehicle, you may have the right to seek compensation for your injuries, losses, damages. Consider how a car accidents caused by tailgating lawyer at Ben Crump Law, PLLC, at (844) 730-0233 can help you learn more about your legal rights.
Why Drivers Engage in Tailgating
Tailgating happens when a driver does not keep a reasonable and safe distance between their vehicle and the vehicle in front of them. When a driver tails a vehicle, they have less time to stop and prevent an accident. Many motorists think they can gauge safe distances between vehicles. However, in many cases, motorists overestimate their ability to understand and determine distances accurately, which results in tailgating.
Tailgating can be intentional or unintentional. However, no matter the reason, the dangers of a tailgating accident are serious and often result in catastrophic injuries or even fatalities. The following are some reasons a motorist may engage in tailgating behavior.
Distracted Driving
When drivers are distracted, they are less likely to stop quickly or make immediate decisions that can avoid catastrophic accidents on the roadways. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 2,800 lives in one year alone in the United States. While many people think distracted driving involves texting and driving, there are many other ways a driver can have an accident due to distracted driving.
Some other types of distracted driving include talking on a cellphone, eating, drinking, smoking, checking the GPS (Global Positioning System) coordinates, or even changing the radio. When a driver tailgates a vehicle and is distracted, there is an increased risk of a serious accident.
Driving While Under the Influence of Drugs or Alcohol
Many drivers who operate a vehicle under the influence of drugs or alcohol make poor choices. Spatial relationships and understanding speed and distance are all muted when someone is either drunk or drugged. Reflex times greatly diminish, and when an intoxicated driver decides to tailgate, they likely will not have enough cognitive ability to stop in time if the driver in front of them stops suddenly.
Tailgating is only one of the poor decisions that a driver makes when they are under the influence of drugs or alcohol. If you suffered injuries as a result of a drunk or drugged driver, consider how a car accidents caused by tailgating lawyer at Ben Crump Law, PLLC, can help you learn more about your legal right to pursue justice. Call us today to discuss the details of your tailgating accident and explore your legal options.
Aggressive Driving and/or Road Rage
Some drivers drive aggressively on the roadways, which is also known as road rage. While anyone can feel frustrated or upset behind the wheel of a car, these people take their anger out on other drivers at the risk of causing accidents. One way this occurs is when traffic is completely congested, and an aggressive driver will tailgate the vehicle in front of them.
They tailgate to attempt to have the vehicle in front of them speed up so that they can get to their destination quicker. However, when someone tailgates that closely, they cannot stop in enough time to avoid an accident. If a person decides to tailgate due to road rage or aggressive driving, they could be held liable for any injuries, damages, or losses suffered by any victims.
Compensation for Injuries in a Tailgating Accident
Tailgating accidents typically include one vehicle hitting the rear of another vehicle. As a result, there are often certain injuries that remain common to these types of accidents, including:
- Traumatic brain injury
- Internal injuries or bleeding
- Back and neck injuries
- Whiplash
- Paralysis
- Broken or fractured bones
- Aortic dissection (from the seatbelt or airbag deployment)
- Post-traumatic stress disorder (PTSD)
However, any type of injury is possible after a tailgating accident, even death.
If you or a loved one has suffered injuries of this kind or other, you could be file a personal injury lawsuit to recover compensation for your medical bills for emergency care after the accident, ongoing medical care, such as physical therapy, lost wages due to missed time at work, vehicle repairs, and more.
First, you will have to prove the other driver is liable in your accident before you can file legal action to receive financial recovery. An attorney can make this process manageable, helping you document and calculate your losses accurately. An attorney can also collect evidence to support your lawsuit, including speaking with eyewitnesses and collecting documents, such as police reports and photos or videos from the scene. They also can negotiate with insurance companies on your behalf should you receive a settlement offer and can take your case to court if a fair settlement offer is not reached.
If you are considering filing a personal injury case, keep in mind that you have only a certain time to do so. States have set deadlines on personal injury cases, and once you miss it, you risk losing your chance to receive payment for your losses. An attorney will make sure your case is filed on time so that you can recover and have peace of mind that your legal affairs are being handled.
Consider How a Tailgating Lawyer Can Assist You
If you or a loved one is recovering from an accident that occurred after someone tailgated your vehicle, and you are considering legal recourse, consider how a car accidents caused by tailgating lawyer at Ben Crump Law, PLLC, can help you build a strong personal injury case to receive compensation. Call us for a free consultation today at (844) 730-0233.
