According to numerous reports, many drivers have experienced tailgating on the roads of Florida. Such behavior is often aggravating for drivers who are abiding by the speed limit, and it can also result in serious car accidents that lead to severe injuries. Statistics from the Florida Highway Safety and Motor Vehicles (FLHSMV) have shown that tailgating was one of the leading causes of the 400,000 car accidents reported in 2019.
If you or a loved one has been the victim of a Bradenton car accident, then we advise you to get legal representation from a recognized car accident attorney. Here at The Law Place, we use our combined experience of over 75 years to fight on your behalf for fair compensation. With our extensive knowledge of representing victims of auto accidents, we guarantee that your case will be in the hands of a well-equipped car accident attorney. If you decide to seek legal representation at The Law Place, our phone line is open 24 hours a day, ready for whenever you most need us. Contact us today to schedule a free consultation on our phone number (941) 444-4444.
How to Define Tailgating
Tailgating is simply when one driver drives so close to the car in front that there is the potential to cause a car crash and, therefore, serious injuries. Strict guidelines made by the U.S. Department of Transportation and National Highway Traffic Safety Administration (NHTSA) require drivers to keep a distance of one car length between two cars, per 10 mph of speed. If you are traveling in unsafe weather conditions, such as snow, ice, or heavy rain, then the distance must be doubled to allow for two vehicles’ distance between cars. The purpose of these guidelines is to ensure that when followed, a driver has enough time to brake or react to another driver’s maneuver.
Those who have driven on a highway in the State of Florida will likely have been overtaken by cars making dangerous lane changes when trying to allow for appropriate spacing between vehicles. The problem with actions that breach these guidelines is that there is no longer a safe distance between vehicles. To avoid arguments about how much space is sufficient, the measure of one car length is widely used. Florida authorities have the independence to decide whether the distance between vehicles is appropriate. Therefore, drivers can be pulled over by a police officer if they don’t comply with this rule. Being pulled over can result in the issue of a ticket for the following examples:
- The vehicle in your lane wasn’t allowing for one car’s length of distance.
- The driving conditions were adverse and therefore required the larger distance of two car lengths.
When in such situations, it’s important to use common sense, but in the end, the issuing of a ticket is at the judgment of a police officer. If you were involved in a car crash where the back-end of your car was damaged, then it’s most likely to be the fault of the driver behind you. In this case, they should be held responsible for their dangerous driving, particularly in cases that result in injuries.
You may need to be assured that you are entitled to compensation after an auto accident. Call The Law Place today for a free consultation where one of our experienced Bradenton car accident attorneys will determine whether you were subject to human error. In the event that your case is found to be valid, you will be advised to hire legal representation, who will then take your case to the next step.
Why Do People Tailgate in Bradenton?
As stated by the National Highway Traffic Safety Administration (NHTSA), tailgating is considered to be aggressive and reckless driving. Such driving can be extremely dangerous and often leads to injury and property damage. Listed below are some of the various reason that people might tailgate:
- The driver is unfocused.
- The driver is driving recklessly.
- The driver is driving antagonistically.
- The driver is driving thoughtlessly.
As tailgating is widely known to be dangerous and potentially harmful, there is no excuse for such reckless driving. We advise you to seek legal advice immediately if you have received a personal injury because of a Bradenton tailgating car accident. Contacting a lawyer in Florida is imperative to ensure you receive the most accurate legal advice available. A reputable personal injury attorney will fight to ensure that you receive the compensation you are entitled to.
Determining Accountability Following a Tailgating Car Accident in Bradenton
The most likely damage to occur in a tailgating accident is from back-end impact. The driver in charge of the vehicle behind is, therefore, usually held responsible for the damage.
Many tailgating accidents could easily have been avoided. The negligence of the driver failing to follow driving laws puts the lives of others at risk. Therefore, they can and should be held accountable. A conscientious driver should be aware of the distance between their car and the car in front. They should be even more so aware in times where they have to contend with challenging weather and road conditions. For an attorney to be able to prove the practice of negligent driving, the following must be identified:
- A duty of care was expected – Every driver has the duty to follow driving regulations as decided by the State of Florida, including speed limits, traffic signs, and distances between vehicles. These regulations are in place not only for your own personal safety but for the safety of others; pedestrians, passengers, and drivers alike.
- The duty of care was not followed – If a driver does not drive responsibly when in charge of a vehicle, the duty of care has not been followed. Tailgating is considered dangerous driving and therefore breaks the duty of care required of drivers.
- The lack of care causes the accident – Responsibility can be proven if a driver has tailgated, which led to a car accident.
- The car accident resulted in damages – Damage will always occur in some way after a car accident. This damage may come in the form of a variety of personal bodily injuries, medical bills, pain, and suffering in any capacity, and of course, vehicular damage. There is no limit to the type and number of damages that can be claimed for.
If you believe you have a valid claim, we strongly advise that you employ an experienced attorney to fight your case. The other driver’s insurance company is likely to fight the case by bringing your claims into dispute. For this reason, we advise you to look for qualified legal representation to fight for the compensation you are entitled to. A lack of qualified knowledge often results in claimants receiving considerably less than they deserve for their injuries. The Law Place has a free consultation service to ensure that you don’t become the victim of a profit-driven insurance company.
What Damages Are Available Following a Tailgating Accident in Bradenton?
Every type of car accident will lead to a variety of damages, all of which can be claimed for when seeking compensation. Listed below are examples of damages that you are liable to file in your claim:
- Property damage – With a large variety of car crashes happening every year; we know that damage will always occur in some form. In the case of tailgating accidents, the rear of your vehicle will take the impact and bear the brunt of the damage. It is, therefore, your right to receive compensation for the cost of all necessary mechanical repairs.
- Pain and suffering – Whilst this term is broad, it aims to ensure that any type of physical injury or mental trauma can be claimed for. Such trauma can lead to a reduction in your quality of life but possesses the challenge of being difficult to prove. This is why the presence of an accident attorney is vital in the success of your personal injury case.
- Medical bills – It is strongly recommended to receive medical treatment within 14 days if you have received injuries in an auto accident, as described in Florida Statute 627.736. Such treatment can be given by your general practitioner or at a hospital. Regrettably, medical bills can stack up rapidly, particularly in instances where injuries received from car crashes call for lengthy and on-going treatments, such as repeat prescriptions and physiotherapy. You have the right to claim this back.
- Loss of income – You are entitled to makes claims for a loss of income if your injuries have resulted in a need to take time off work. Your case can include past, present, and future loss of income depending on the severity of injuries and the potential length of your recovery period.
- Wrongful death – Serious auto accidents can, unfortunately, result in wrongful death. Grieving for the loss of a loved one is already extremely painful but needing to consider the financial repercussions makes it considerably more difficult. However, for those who need it, the State of Florida provides relief with Florida Statute 768.21, which allows the family of the victim to claim for funeral expenses and their loss.
If you or a family member have been a victim of a car accident, you may be entitled to receive compensation for your injuries. Contact us at The Law Place for your free consultation with an experienced personal injury attorney who will provide you with a free case evaluation.
Dealing With a Bradenton Car Insurance Company
After any Bradenton car accident, both parties involved must exchange the details of their insurance companies. Dealing with an insurance company can be nerve-racking at the best of times but even more so after a car accident. Furthermore, insurance companies’ sole interest is to make a monetary profit. Therefore, an insurance company will use any information they can to discredit your case and ultimately pay out less compensation.
Here at The Law Place Place, we advise you to always consult an accident attorney before talking to insurance companies where possible. Such companies will often use what you’ve said against you to damage your case. One of our car accident attorneys will be happy to provide advice on what you should and shouldn’t say. But in short, keeping conversations brief and making sure not to mention details of your injuries will strongly help your case and should minimize any risk of harm. Here at The Law Place, our Bradenton car accident attorneys are committed to helping you through this process.
Call The Law Place in Bradenton, Florida
If you have been the victim of dangerous driving that resulted in a Bradenton car accident, then you will need creditable representation from an experienced law firm.
The Law Place will fight to get you the justice you deserve. If you choose us to represent you, you will benefit from the experience of our personal injury lawyers. We will collect the evidence required to determine the strength of your injury claim and help you to take the first step towards receiving compensation.
It is not easy to be the victim of a Bradenton car accident but fighting a legal battle only makes it harder to heal. Car accidents always have victims, and these victims are eligible for compensation, no matter the case. Let us help you in your recovery by taking away the burden of your legal claim.
Here at The Law Place, we will make sure that you have a car accident attorney who will fight on your behalf, allowing you time to recover from your injuries.
To schedule a free consultation with one of our experienced Bradenton car accident attorneys, contact us now on our phone number (941) 444-4444. Our phone lines are open 24/7.