Tailgating, or driving too closely behind another vehicle, is one of the most common causes of car accidents. Despite being entirely preventable, it remains a significant safety hazard on roads and highways.
Tailgating increases the likelihood of rear-end collisions, which can lead to severe injuries, property damage, and even fatalities. It’s important to understand the consequences of tailgating accidents, and a qualified attorney can be a crucial option to help you determine fault and explain what to do and how to protect your rights and safety if you’re involved in such an incident.
Why Tailgating Is Dangerous
Tailgating lessens the distance and amount of time that a driver has to react to sudden traffic changes, like abrupt stops or obstacles in the road. When a vehicle is following too closely, there may not be enough time to slow down or avoid a crash, especially when traffic is traveling at high speeds.
The severity of tailgating-related car accidents will depend on the speed of the vehicles involved, road conditions, and the type of vehicles (size, weight, etc.)
Tailgating is especially dangerous as it can lead to a domino accident effect. When one driver rear-ends another, forcing them into the vehicle in front of them, it can cause a chain reaction of rear-end collisions. This is especially common in heavy traffic situations. Multi-vehicle crashes can also lead to more severe injuries and more complicated legal cases.
Common Causes of Tailgating Accidents
Tailgating accidents are typically caused by poor driving behavior, which can include:
- Aggressive Driving: Some drivers get impatient or frustrated and try to pressure the driver ahead of them to speed up or change lanes by tailgating.
- Distracted Driving: Other drivers allow distracted to pull their attention away from the road, leading them to unintentionally “creep up” on the driver in front of them. Reports by the National Highway Traffic Safety Administration show that more than 3,300 people died in vehicle accidents resulting from distracted driving in 2022.
- Poor Judgment: Drivers who misjudge stopping distances or fail to account for adverse weather conditions, such as rain or ice, may tailgate without realizing the risks.
Tailgating is typically associated with reckless or aggressive driving behaviors, but it can happen because of inexperience or simple mistakes. Intent aside, it continues to endanger everyone on the road.
Common Injuries Resulting From These Rear-End Collisions
Accidents that result in rear-end collisions can cause a wide variety of personal injuries, given the severity of the crash.
Some common injuries include:
- Whiplash: One of the most frequent injuries in rear-end collisions, whiplash most often happens when occurs when the neck is abruptly snapped (whipped) back and forth. This can lead to chronic head and neck pain and limited mobility. These symptoms may not manifest until hours or even a day or two after the crash.
- Head and Brain Injuries: The impact of a collision can cause a driver or other occupants to slam their head against the steering wheel, dashboard, or headrest, potentially resulting in concussions or traumatic brain injuries.
- Spinal Cord Injuries: Rear-end collisions can have a significant impact on the spine and column, which can result in herniated discs, fractures, or even paralysis in severe cases.
- Broken Bones: The force of an automobile crash can also cause broken bones, particularly in the arms, wrists, or ribs, as occupants brace for the collision or are held immobile by seat restraints.
- Soft Tissue Injuries: Torn ligaments, bruises, and muscle strains are also common in tailgating accidents.
These injuries will often require extensive medical treatment, which can add additional expense and stress, as well as longer recovery periods.
The Legal Implications of Tailgating
In most cases, the driver who was tailgating is considered to be at fault in a rear-end crash, as drivers are expected to maintain a safe distance in front of them so they can slow or stop without hitting the vehicle ahead. When a driver fails to do so, they’re often found negligent.
Proving Negligence When Wrecks Attributable to Following Too Closely Occur
To establish fault in a tailgating accident, you or your attorney must prove negligence, typically by demonstrating the following four elements:
- Duty of Care: All drivers owe a duty to operate their vehicles responsibly, including maintaining a safe following distance. This is typically a given.
- Breach of Duty: The tailgating driver breached this duty by following you too closely or failing to pay attention to traffic conditions or signals.
- Causation: You’ll also need to prove that this breach of duty directly caused the collision and your resulting injuries.
- Damages: Lastly, you must show that you suffered actual damages, which includes expenses like medical bills, lost or reduced wages, or damage to personal property.
Police reports, witness statements, and even dashcam footage can serve as critical evidence in proving negligence in a tailgating accident.
Compensation for Tailgating Accident Victims
If you’ve been hurt in an automobile accident that was caused by someone else’s tailgating, you could be owed compensation for your economic and noneconomic losses. The most common types of compensation include:
- Medical Expenses: Compensation to cover the cost of your emergency care, hospital stays, surgeries, physical therapy, and any ongoing treatment.
- Lost Wages: Reimbursement for income lost during recovery and compensation for diminished earning capacity if you’re unable to return to work.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life caused by the accident.
- Property Damage: Covers repair or replacement costs for your vehicle and other damaged belongings.
Your attorney will work to negotiate a settlement that covers all your damages or take your case to court if necessary.
Preventing Crashes Caused by Tailgating Motorists
While you can’t control the behavior of other drivers, you can take steps to minimize your risk of being involved in a tailgating accident.
- Maintain a Safe Following Distance: The “three-second rule” is a good guideline. Leave at least three seconds of space between your vehicle and the one ahead, and increase this distance in adverse weather conditions.
- Avoid Aggressive Drivers: If someone is tailgating you, stay calm. Avoid sudden braking and, if it’s safe, change lanes to let them pass.
- Stay Alert: Always be aware of your surroundings and anticipate sudden stops or changes in traffic.
Where To Turn If You Were Injured Because Someone Tailgated You
At Barrera Law Group LLC, we’ve seen, time and again, that tailgating is a dangerous and irresponsible behavior. One that puts everyone on the road at risk of accidents, serious injuries, significant property damage, and complex legal disputes.
Understanding the dangers of tailgating, knowing your rights, and taking the right steps after you’ve been in an accident can make a significant difference in your recovery process and legal outcome.
If you’ve been injured in a tailgating accident, one of our experienced personal injury lawyers is ready to help you navigate the legal system, prove negligence, and pursue the compensation you need and deserve.