Tailgating Car Accident Lawyers

Tailgating is a dangerous driving practice that can lead to serious injuries. If you have been injured in an accident that involved tailgating, you may be entitled to a significant amount of financial compensation. The prerequisite is that you show that the other driver was to blame for the accident.

Do not rely on any prior conceptions that a tailgating accident case will be easy because liability could be apparent. You always need the help of an experienced tailgating car accident lawyer because they will work to maximize your financial compensation. Reach out to car accident attorneys at Nix Patterson to discuss your case and learn more about your legal options.

What Does It Mean to Tailgate?

Simply stated, tailgating occurs when a motorist driving behind another car does not leave a sufficient amount of space between them and the vehicle in front of them. They need to leave a safe following distance to give them enough time to stop when it is necessary, such as at a traffic light or when the vehicle in front is experiencing slower traffic.

When you are driving, it takes a certain amount of time to bring your car to a complete stop, depending on the road conditions and the speed at which you are traveling. If you leave anything less than that distance, it could be considered tailgating.

Causes of Tailgating

Poor driving habits are the main cause of tailgating. Drivers are in a hurry to get where they are going, and they can be extremely impatient behind the wheel. They may think that tailgating is a way for them to save time, without realizing that they are going nowhere with a car in front of them that has the right of way.

Drivers may also tailgate another car because they are exhibiting road rage. They may try to intimidate the driver in front of them if they perceive that the other motorist did something to anger them.

Further, drivers may tailgate because they are speeding and the car in front of them is going more slowly. Drivers may get too close to the bumper of the car in front of them to signal the other motorists that they want them to change lanes.

Tailgating is a prime example of reckless driving. In general, reckless driving has increased since the pandemic, as motorists have exhibited more dangerous tendencies. There is less respect for the safety of other drivers, and it is often manifested by getting too close to their rear bumper.

Why Is Tailgating Illegal?

Tailgating is an extremely dangerous driving habit that puts everyone on the road at risk. Tailgating reduces the amount of time that a driver has to stop to avoid an accident. If they are in more congested driving conditions, or if the weather conditions are inclement, tailgating becomes even more dangerous. Drivers need sufficient room so they can avoid a rear end car accident.

Texas Transportation Code, §545.062 requires that drivers maintain a safe following distance between them and cars in front of them on the road. If they drive too closely to the car in front of them, they can be pulled over and issued a ticket. Experts recommend allowing two seconds of distance between cars when the speed is 30 miles an hour or less. If cars are traveling at a higher speed, the driver should allow four seconds of distance. Another recommendation is that drivers should leave one car length between them and the vehicle in front of them for every 10 miles per hour of speed.

Injuries Caused by Tailgating Accidents

The most common type of car accident that results from tailgating is a rear-end crash. In this type of accident, your car is struck from behind, causing a large amount of force to be transferred to your vehicle. What often happens is that your head and neck snap violently forward while the rest of your body remains still.

Whiplash is the most common type of tailgating car accident injury. Here, you have suffered serious injuries because your head has lurched forward while the rest of your body remains still. Whiplash is a far more serious injury than you may realize. Roughly 40% of people who suffer from whiplash injuries have long-term health effects. One in every ten whiplash injury victims may be permanently disabled.

Whiplash can result in the following injuries:

• Soft tissue injuries. You may suffer a strain or sprain in your neck or back because of the unnatural and sudden motion of a rear-end car accident
• Nerve damage. The spinal nerve roots can become inflamed or compressed, leading to numbness and tingling in various parts of your body.
• Herniated discs. The violent motion may exert excess pressure on the cervical spine, which can cause the gel in the discs in your back to protrude.
• Traumatic brain injuries. When your head violently snaps forward, your brain can slam against the base of your skull, causing damage to your brain tissue and cells.
• Concussions. The violent movement of your brain can cause the brain tissue to damage and stretch, temporarily costing you fully normal brain function.
• Spinal cord injuries. An injury to your neck can travel down the spine because the neck is at the top of the spinal cord.

None of these injuries are to be taken lightly. If you experience any symptoms of them, you should see a doctor immediately. Whiplash injuries are not always immediately apparent at the scene of the accident or in the days afterward. It may take weeks for you to begin to experience the pain.

What To Do After a Tailgating Accident

It is crucial that you look after your medical situation after a tailgating accident. Since whiplash is one of the most common injuries that you could suffer, you need to see a doctor as soon as you begin to feel any symptoms. Whiplash is an injury that can worsen over time, and seeing a doctor early can increase the chances that you are able to make a full recovery.

If you do not see a doctor when you first begin to feel symptoms, not only can your health become worse, but your legal case may also be complicated. First, the insurance company may argue that the neck and back injuries that you are suffering from were not the result of the car accident. The longer you wait to see a doctor, the harder it is to establish causation. Second, the insurance company may claim that you fail to do everything in your own power to mitigate your damages. Then, they may offer you compensation for only the part of your injuries that were the direct result of the car accident and not those that may have been worsened by the failure to seek medical help.

Then you may find it helpful to speak with a tailgating car accident attorney as soon as you can. Even if you think that liability is clear, your case may be complicated without representation from an attorney.

The insurance company may still try to blame you in part for the accident and attempt to reduce your compensation by the percentage they claim you were responsible for. Your real battle is fought when you try to obtain the right amount of compensation, and an attorney would fight for you to receive every dollar you are due

Legal Responsibility in a Tailgating Accident

If you have been injured in a tailgating accident, there is a legal presumption that the driver who struck the other car from the rear would be the one to blame for the crash. This is a rebuttable presumption in every Texas car accident case. The trailing car driver would need to present evidence to rebut the presumption and show that the driver of the front car was at fault for the accident. This is not an easy bar to clear for any driver, and they would be the ones who have the burden of proof to show that the presumption does not apply.

Damages in a Tailgating Car Accident Case

The head and neck injuries that you suffer in a tailgating car accident may be far more serious than you think. You may not even know how much you are entitled to until you speak to a tailgating car accident lawyer. You are legally entitled to be paid for any harm that you have suffered. If your injury is permanent and longer lasting, it follows that your compensation would be higher.

Your tailgating car accident damages can include the following:

• Medical expenses
• Property damage
• Lost wages or the reduction in your earnings capacity
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Emotional distress

Do not think of your tailgating car accident damages in terms of the average that someone may receive for whiplash or a related injury. Personal injury damages are entirely unique to you, meaning that you are entitled to be paid for what you have endured and not what someone else has gone through in their experience.

A car accident lawyer will review your case and help you determine how much to seek from the insurance company in a settlement. Then, they will go to bat for you when the insurance company tries to withhold the full amount of compensation you deserve.

Contact the Tailgating Car Accident Lawyers at Nix Patterson Today

The phone call to a car accident lawyer is one that you cannot afford to delay. In a car accident case, delay means that you may get less money or even none at all. The car accident lawyers at Nix Patterson are standing by and ready to help you as you fight for the settlement you deserve.

The first step is to schedule a free initial consultation with one of our attorneys by reaching out to us online or by calling us today at 512-328-5333. There is no charge to speak to a lawyer, and there is no fee whatsoever unless you win your case.