On the road, we encounter drivers who tailgate every day, as a result of hurrying to get somewhere or aggressively trying to intimidate a slower driver. Tailgating can be a very dangerous activity and lead to serious injuries when an accident occurs. If you have been struck on a road near Miami by a reckless driver, the car accident attorneys at the Law Offices can help you pursue legal action and seek proper compensation from those responsible for your injuries.Common Causes of Tailgating Accidents
Tailgating happens when a driver follows another vehicle dangerously closely, failing to maintain the proper distance between them. According to the National Highway Traffic Safety Administration, tailgating is a type of aggressive driving behavior that can lead to serious and sometimes deadly accidents. Many factors can contribute to tailgating crashes, including road rage, driver distraction, or speeding. These accidents often lead to severe harm, such as back and neck injuries, spinal cord damage, and brain trauma, which may require long-term, expensive medical and rehabilitative treatment.Holding a Negligent Driver Accountable for Your Injuries
Victims harmed in a tailgating accident may be able to receive financial compensation from the driver responsible for the collision. Damages that are often recoverable in these situations include property damage, past and future medical costs, and loss of wages and earning capacity, as well as pain and suffering.
To assert the right to this compensation, a plaintiff must first prove that the driver’s tailgating actions were negligent. Negligence is shown when a person breaches the duty of reasonable care that all motorists owe to other users of the road to act as a reasonable and prudent person would act under similar circumstances. The victim must also show that the breach was a proximate cause of his or her injuries and that it resulted in actual damages.
A driver who rear-ends another vehicle that he or she has been tailgating would most likely be found to have acted unreasonably and thus found liable for any damages incurred. Florida is a pure comparative fault state, meaning that even if the injured person is found to also be negligent, he or she can potentially still recover damages proportionate to the defendant’s degree of responsibility. For instance, even if the victim is 30 percent at fault, he or she may still recover up to 70 percent of the total costs and losses from the other responsible party.
Florida also has a four-year statute of limitations for personal injury claims. There is even less time if an accident is fatal, with the statute of limitations for wrongful death actions being two years. After an accident, it is important to make sure the proper evidence is collected and the necessary reports are filed. Contacting an experienced attorney may be an important step in ensuring your legal rights are protected and represented.Consult a Miami Lawyer for Your Motor Vehicle Collision Case
Tailgating accidents can lead to serious, life-altering injuries, especially if the cars are traveling rapidly on a freeway. The motor vehicle collision attorneys at the Law Offices represent Miami residents and others who have been hurt by drivers engaging in dangerously reckless behavior. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation. We also assist accident victims in Fort Lauderdale and other cities throughout Broward, Miami-Dade, and Palm Beach Counties.