Tailgating is an unsafe driving behavior in which a driver follows another vehicle too closely. This behavior increases the likelihood of a collision because there is less space to come to a stop if the vehicle in front stops or brakes.
If you or a loved one suffered injuries in an avoidable accident caused by a tailgater, a Dallas tailgating car accident lawyer from Loncar Lyon Jenkins is ready to help. We can investigate your claim and help establish whether tailgating was the primary or a contributing factor.
Overview of Tailgating
When people tailgate, they decrease the amount of space between their vehicle and the vehicle in front of them. When a driver decreases the amount of distance between their vehicle and the one in front and the driver in front brakes, the chances for a rear-end collision increase.
The Texas Department of Insurance (TDI) reports that when drivers tailgate, they sacrifice perception and reaction times. Perception refers to the ability to identify a hazard, while reaction time refers to the time the body needs to physically react to the hazard.
Tailgating is also sometimes associated with aggressive driving, which includes multiple dangerous driving behaviors, and these behaviors can increase the likelihood of a rear-end accident:
- Speeding
- Frequent changing of lanes without signaling
- Running a red light
- Improper passing
For a free legal consultation with a Tailgating Car Accidents lawyer serving Dallas, call 877-239-4878
Common Causes of Tailgating Accidents
There are various reasons why people tailgate. Some people did not learn how to properly drive and tailgate out of habit. Others may tailgate in a belief that they will get to their destination faster by minimizing space between them and other drivers. Other common causes of tailgating include:
- Distracted drivers who are not paying attention to vehicles around them.
- Inexperienced drivers who do not know how to maintain a safe distance between themselves and other drivers.
- Careless drivers who know the dangers of tailgating but do it anyway.
- Aggressive drivers who want to intimidate other drivers or force them to change lanes.
Regardless of the cause, tailgating is dangerous driving behavior. If you were injured in a tailgating accident, a Dallas tailgating car accident lawyer from Loncar Lyon Jenkins can help.
Dallas Tailgating Car Accident Lawyer Near Me 877-239-4878
Texas Laws on Tailgating
Under the heading “Tips to Avoid Road Rage” in the Texas Driver Handbook published by the Texas Department of Public Safety (DPS), drivers are instructed, “Do not tailgate; follow at a safe distance.” The rules further elaborate on what is a safe distance, depending on the driver’s speed and road conditions, which are as follows:
- 30 mph or less – 2 seconds
- Above 30 mph – 4 seconds
Inexperienced drivers are encouraged to use a four-second following distance. If there are poor road conditions, there should be even more time between vehicles.
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Common Injuries Caused by a Driver Who Tailgates
Because tailgating often leads to rear-end collisions, victims are more likely to suffer injuries such as:
- Whiplash – Whiplash is one of the most reported injuries after a rear-end collision. It occurs because the head is often violently and suddenly shaken when there is a sudden impact to the back of the vehicle.
- Back injuries – The force of impact, even at low speeds, may cause compression in the spinal cord and result in injuries such as herniated discs.
- Spinal cord injuries – Some rear-end collisions in which there is greater impact may result in debilitating injuries, including paralysis.
- Head injuries – When a person’s head hits an object like a dashboard or an airbag, the trauma can result in serious head injuries.
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Proof of Tailgating
As the plaintiff in a personal injury case, you will need to be able to show that the other party was liable for the car accident. In a tailgating case, this will require you to have evidence that the driver was following too closely. Potential proof of tailgating may include:
- Eyewitness testimony from credible witnesses who saw the other driver following too closely at the time of the accident.
- Photographs or video from traffic cameras, nearby businesses, dashcams, or other videos that show the driver following too closely.
- Damage to the back of your vehicle and the front of the other driver’s vehicle that shows the point of impact.
- Electronic data from the other vehicle that shows the last time the vehicle applied its brakes and the speed it was traveling at just before the accident.
- Testimony and graphics from an accident reconstruction expert that demonstrates how the collision likely happened.
A tailgating accident attorney from our firm can help gather these types of evidence and knows how to present them to show liability in your case.
Potential Damages in a Dallas Tailgating Car Accident
If you were injured in a tailgating accident, you may be able to recover compensation for the damages you sustained, including:
- Property damage
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
After discussing your claim with you, our tailgating lawyers can give you a better estimate of the potential value of your claim.
Factors That Affect Your Recoverable Damages in Your Tailgating Case
The insurance company representing the at-fault driver in your accident typically has its own bottom line in mind when resolving your case. Among the tactics they may use to limit their financial liability and output is assigning all or a portion of the accident’s fault to you.
According to Texas’s proportionate responsibility law, any financial award you receive will be diminished by the percentage of fault attributed to your actions. According to Texas Civil Practice and Remedies Code § 33.001, if half or more of the accident is attributed to you, you will not be permitted to recover any damages at all.
When our law firm handles your case, we make sure the evidence we collect proves the at-fault driver was tailgating and that the accident was not your fault. If any portion of fault can be attributed to you, we make sure the financial impact is accurately reflected and minimal.
The Importance of Texas’s Statute of Limitations in Your Tailgating Case
Another factor that could prohibit you from seeking compensation is filing your lawsuit too late. In Dallas, the time you have to file a lawsuit against the at-fault driver is determined by Texas Civil Practice and Remedies Code §16.003. In general, it allows you up to:
- Two years from the date of the accident to file a personal injury lawsuit if you or someone you love was injured
- Two years from the date of demise to file a wrongful death lawsuit if a loved one was fatally injured
Although several factors might lengthen or shorten the statute of limitations, it must still be accurately interpreted and complied with. Failure to do so could mean you cannot file your lawsuit at all. If you do manage to file your lawsuit after the filing deadline has expired, the at-fault driver’s representative will request its immediate dismissal.
This request is likely to be granted, and you will have no further legal avenue by which to compel them to compensate you. When we handle your Dallas County case, we eliminate these risks by ensuring timely filing.
Our Law Firm Recovered Damages for These Car Accident Clients
The client-focused team at Loncar Lyon Jenkins has helped seek compensation for injuries and property damage for thousands of injured clients. When they share online reviews on our law firm, previous clients say the following:
- B. Young: “Loncar’s office was awesome! They helped me get my car fixed and helped me find a doctor. I did not know what to do and they helped me through the whole thing. Everyone was super nice…I would recommend them to anyone I know.”
- Judith Salazar: “I got into a bad car accident for the first time, and I had absolutely no idea what to do, so I called Brian Loncar’s office, and it was the best decision I could have [made]…I had an excellent experience.”
When you are ready to pursue compensation, Call in the Strong Arm. We fight as hard for you as we have and do for every client we represent.
Connect With Our Tailgating Accident Attorney to Learn More
If you or a loved one was injured in a tailgating accident, it is important that you first seek medical assistance. Then, connect with a Dallas tailgating lawyer from Loncar Lyon Jenkins.
Every year, we represent more than 7,000 clients, so we have the knowledge and experience necessary to capably handle your claim. We work on a contingency-fee basis, so we do not get paid for our services unless we are able to recover compensation on your behalf. Call us today to learn more about how we can help.
Call or text 877-239-4878 or complete a Free Case Evaluation form
