It has been reported that in Florida, there have been numerous accounts of drivers tailgating other drivers on the road. Having another car tailgate you can be infuriating, especially when you are driving at the correct speed, but it can also cause serious accidents resulting in severe injuries. Florida Highway Safety and Motor Vehicles (FLHSMV) has released statistics showing that in 2019 over 400,000 car accidents were reported, and tailgating is one of the main culprits.
If you or a loved one has suffered injuries as a result of another driver tailgating you then, we advise that you seek legal representation from an accredited car accident lawyer who will fight for fair compensation. Here at The Law Place, we have over 75 years of combined experience and have the know-how to deal with tailgating car accidents. If you decide to seek legal representation from a lawyer at The Law Place, your case will be in capable hands. Our phone line is open 24 hours a day, available for when you need us the most. Do not hesitate to contact us today for a free consultation on (941) 444-4444.
How to Define Tailgating
Tailgating is when drivers drive behind another without leaving much space in between, making it unsafe and potentially causing serious injuries. There are guidelines in place that have been set by the U.S. Department of Transport and the National Highway Traffic Safety Administration (NHTSA), which stipulates that there should be at least one car distance between two cars per 10 mph of speed that the vehicle is traveling at. If the weather conditions are adverse, such as heavy rain, snow, or ice on the roads, then the distance between two drivers must be doubled, giving at least two cars distance between each vehicle. These guidelines are in place to protect drivers on the road. If you adhere to them, it will give you sufficient reaction time in case another car was to make an unpredicted maneuver or if a car has to break.
If you have driven on the highway in Florida, you will have most likely have experienced or been witness to being overtaken when there was not enough distance left between two cars. By doing so, the possibility of an accident happening increases, as there is not be a safe distance between the two cars. Some people may argue that it is difficult to determine how close is too close. But, a general rule of thumb is that there should always be the length of one vehicle between two cars. The authorities have the jurisdiction to determine whether they believe there is insufficient distance between cars. Following this, drivers can be pulled over by a police officer for doing so.
Personal judgment and common sense have to be used in such situations, but it is ultimately down to a police officer to decide whether they believe they should issue a ticket. If you were involved in a back-end collision due to being tailgated, then the driver behind you is most likely at fault and should be held accountable for their actions, especially if it resulted in injuries.
If you have been involved in such a car accident, you may require an explanation to determine whether you are entitled to receive compensation. If so, call The Law Place today for a no strings attached consultation. During the phone call, a lawyer will ask you some general questions that will help them determine whether you have a valid case.
For a free legal consultation with a tailgating accidents lawyer serving Fort Myers, call 941-444-4444
Why Do People Tailgate in Fort Myers?
Tailgating is considered a type of aggressive and reckless driving; this has been highlighted by the National Highway Traffic Saftey Administration (NHTSA). Such driving is not necessary and can be very hazardous as it can lead to considerable damage and injury. There are various reasons why people tailgate; below are some examples:
- Reckless driving
- Unfocussed driving
- Uncertain driving
- Thoughtless driving
- Antagonistic driving
There is no valid excuse for drivers to tailgate on the road, especially knowing that it is dangerous and can cause harm. No matter the reason, if you have been involved in a Fort Myers car accident, then we advise that you seek legal advice. It is vital to contact an attorney in Florida, as they will be able to provide clear and accurate legal help when it comes to dealing with car accidents.
Fort Myers Tailgating Accident Lawyer Near Me 941-444-4444
Determining Accountability Following a Tailgating Car Accident in Fort Myers
If a car accident has occurred as a result of being tailgated, then it most certainly will result in a back-end impact. Due to this, it is usually the driver behind that will be deemed responsible for the accident.
Furthermore, most accidents that happen from being tailgated could have been prevented. Meaning that the driver held accountable for the accident may be found guilty of negligent driving, as they were not abiding by the laws of the road and put other drivers in danger. A driver that abides by the rules of the road would ensure they leave adequate space between their car and the one in front of them. This is even more vital when driving on precarious roads or if there are adverse weather conditions. In order for an accident attorney to prove negligence, they will need to determine the following:
- A duty of care was due – Florida law stipulates that each driver has a duty of care and should drive safely by abiding by regulations. This is not only for their safety but for other drivers, passengers, and pedestrians.
- This duty of care was broken – The duty of care has been broken if a driver does not act responsibly behind the wheel. If a driver has tailgated another, then this is deemed as reckless driving, in turn, breaking their duty of care.
- The break in the duty of care triggered the accident – If one driver has tailgated another, which ends up being the cause of the car accident, then this proves they have broken their duty of care.
- The accident caused damages – All car accidents will result in some form of damages, whether it may be to the vehicles, various bodily injuries, medical costs, or any form of pain and suffering. The type and amount of damages are not limited when it comes to making a claim for compensation, as they are usually easy to attest. However, it is still advisable to have a highly qualified attorney fighting in your corner. This is due to the fact that the other driver’s insurance company will most likely attempt to discredit your claim. In order to receive fair compensation, it is highly advisable to seek legal representation.
What Damages Are Available Following a Tailgating Accident in Fort Myers?
All types of car accidents will result in an array of damages, which can be claimed for when filing for compensation. Below are some examples of the types of damages you can claim for:
- Medical bills – It is advised to receive medical intervention following a car accident, whether this is at the hospital or with your practitioner. Unfortunately, medical bills can easily accumulate, especially when some injuries require you to receive on-going treatment, whether it be physiotherapy or repeat medication.
- Pain and suffering – This is a broad term but can involve any type of physical or mental anxiety, which in turn can lead to you no longer being able to enjoy the hobbies that you once did. These types of damages are more difficult to prove, hence why it is very important to have an attorney by your side, as they will be able to aid you in gathering evidence.
- Property damage – Any type of car accident will result in some form of damage to your vehicle. If you have been involved in a crash where someone tailgated you, then your rear bumper will likely be damaged at the very least. You are entitled to claim for the cost of the repairs.
- Loss of wages – You are able to claim for loss of wages if you have had to take time off in order to recuperate from your injuries. This is inclusive of past, present, and/ or future loss of wages, as serious injuries may mean you might not be able to return to work for a lengthy period of time.
- Wrongful death – Unfortunately, severe accidents as a result of being tailgated can sometimes lead to wrongful death. It is painful enough to endure the death of a loved one without having to think about the financial repercussions. Fortunately, there is some relief, as Florida Statute 768.21 allows you to claim for expenses such as funeral costs.
If you or a loved one has been a victim of being tailgated, which resulted in a car accident, then you might be entitled to any or all of the above damages. If you are uncertain as to whether you have a valid claim, then do not think twice, pick up the phone and speak to an attorney at The Lace Place now. Our personal injury attorneys will give you clear and unbiased advice.
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Dealing With a Fort Myers Car Insurance Company
After any type of Fort Myers car accident, you and the other parties will have to exchange insurance company details. Having to deal with insurance companies can be daunting, especially when feeling shook up from the accident. Also, these insurance companies only have one goal, which is to make a profit. They will do whatever they can to discredit your claim in order to pay out the least amount possible in compensation.
Here at The Law Place, we advise you to discuss your case with a personal injury attorney after a car accident and before dealing with the insurance companies. You must be careful in what you tell them as they may use anything you say against you. A personal injury attorney will be able to advise you on what to say. It is best to keep it brief and to stick to the facts, do not divulge information about your injuries. But don’t worry, attorneys at The Law Place have your back and will guide through the process.
Call The Law Place in Fort Myers
If you have been a victim of being tailgated, which led to a Fort Myers car accident, and you were not responsible, then you will require legal representation from a reputable law firm.
The team at The Law Place will be able to assist you, as our personal injury attorneys have the essential experience to gather evidence. We will determine whether you have a valid claim and what the best course of action is. Being a Fort Myers car accident victim is stressful enough without having the additional stress of fighting a legal case. All car accident victims are entitled to compensation; let us alleviate the stress so that you can focus on recovering from your injuries.
Our phone lines are open 24 hours a day, seven days a week, so contact us today for a free consultation on (941) 444-4444.