Tailgating is the leading cause of rear-end motor vehicle collisions in the United States. It can also contribute to multi-vehicle accidents and cause life-changing injuries for accident victims. Florida has some of the busiest highways and roads in the United States. As such, it is no surprise that many Floridians have been tailgated while on the road, and many of these incidents result in car crashes.
Tailgating car accidents can have disastrous consequences for those injured, with injuries such as neck and spinal injuries and head and brain trauma commonplace. For those injured, stress can mount up rapidly after the accident. Alongside the pain and worries of your injuries and the recovery process ahead of you, medical bills, missed work, and the emotional trauma of the accident can take their toll.
If you or a loved one has been involved in a car crash because of tailgating, you may be able to start a car accident claim through the Orlando civil courts. Compensation from a tailgating accident personal injury claim can support victims’ recovery, help them access high-quality medical care, and financially support them and their families while they are out of work.
Drivers who tailgate are aware of the risks and choose to endanger other drivers and behave recklessly on the road regardless. Pursuing a lawsuit with a personal injury attorney allows victims to recover compensation for the ordeal they have suffered due to another driver’s negligence and seek justice for the wrongdoing.
The Law Place tailgating accident lawyers are proud advocates of victims, and we will fight aggressively to secure the compensation you deserve. We understand how hard life can be after a car accident, and we will go above and beyond to help ease the burden by achieving a fair settlement in your case.
Contact The Law Place today to schedule a free consultation with an Orlando tailgating accident lawyer at (941)-444-4444.
What Is Tailgating?
Tailgating is the term used for when the driver of a motor vehicle drives too close to the car in front of them. The US Department of Transportation and National Highway Traffic Safety Administration (NHTSA) has established safe distance guidelines for drivers to adhere to that ensure they maintain adequate space between themselves and other vehicles relative to the speed they are traveling.
The NHTSA recommends that drivers should leave at least one car length of space between them and other cars for every 10mph of speed. For example, if a car is traveling at 50mph, the driver should leave a space equivalent to 5 car lengths between them and the vehicle in front of them.
Tailgating substantially increases the likelihood of a traffic accident because the car behind is unlikely to have sufficient room to react and respond to any changes made by the driver in front without causing a collision.
Drivers may tailgate for a range of reasons, including road rage, distraction, stress, and impaired driving (such as under the influence of drugs or alcohol). Some drivers may use tailgating to bully and intimidate other drivers to move out of their way, or others may tailgate because they are in a rush to reach their destination. Regardless of the reason behind tailgating, it is a particularly dangerous behavior and can result in a serious car accident.
The average braking distance for a passenger car to come to a complete stop from traveling 55mph on normal road conditions is 193 feet. To put this into context, 193 feet is roughly the equivalent of the height of a 20-story building or the length of 4 semi-truck trailers. This distance should be increased for larger, heavier vehicles and doubled in wet or slippery road conditions.
The Scale of the Problem
Tailgating is the leading cause of rear-end collisions. In America, rear-end collisions make up over 30% of the motor vehicle accidents that occur on the roads, and in 2020, the number of rear-end accidents reached over 1 million.
Nearly 75% of drivers on America’s roadways say that have been tailgated at least once in the past six months. Over half of tailgating drivers admit to driving too close to another vehicle on purpose, often as a result of road rage or trying to pressure the driver into letting them pass.
The prevalence of tailgating in the United States causes a substantial number of car accidents that result in nearly 1 million injuries and 2,000 deaths a year from tailgating car crashes.
What to Do If You Are Being Tailgated
If a driver is tailgating you, it can be infuriating, stressful, and even intimidating. This dangerous behavior can lead to car accidents and potentially serious injuries, so it is best to calmly remove yourself from the situation when it is safe to do so.
If a driver is tailgating you on Florida’s roadways, it is important to stay calm and not allow yourself to be agitated or pressured by the other driver. If emotions are heightened, this may impede your judgment or cause you to take unnecessary risks.
Aim to stay calm and maintain safe driving practices, do not speed up and get too close to another vehicle and do not slow down unnecessarily or aim to infuriate the tailgating driver. Instead, if possible, allow the tailgater to pass you by driving at a steady speed or slowing slightly, allowing more room in front of you for them.
In some situations, it may be sensible to signal and pull over or change lanes to allow the driver to overtake you. Although a tailgating driver can be concerning and distracting, it is important to remember to maintain awareness of the road and situation around you and not concentrate too much of your attention on your rearview mirror and the tailgating driver.
Common Injuries in Orlando Tailgating Accidents
A tailgating car accident usually results in a severe jolt forward for the car in front as the car behind collides with the back of the vehicle in a rear-end collision. The impact of the crash, even at a slow speed, can be strong and result in severe injuries to the occupants of the vehicle. Typically injuries that victims of tailgating accidents suffer include the following:
- Traumatic brain injuries.
- Neck and spinal injuries.
- Whiplash.
- Bruising from the seatbelt.
- Airbag injuries, such as a broken nose.
- Broken bones and fractures.
- Severe cuts and lacerations.
- Internal bleeding and damage to organs.
Some injuries caused in a rear-end collision can be particularly severe for younger people and the elderly. For example, airbag injuries, caused when the car’s airbags are deployed in a collision, can be particularly harmful. The short stature of children and immature musculature means that their head is often at the same level as the airbag, and their necks are often not as stable as an adult’s. As a result, airbag injuries in children can include facial burns, eye damage, and severe head and neck injuries, such as hyper-extension of the spine.
In more severe cases, tailgating accident injuries can leave permanent effects on a victim’s life. Repercussions of serious accidents include paralysis, permanent scarring or disfigurement, or the loss of the use of a limb.
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Causes of Tailgating Accidents
One of the most common reasons that tailgating will cause an accident is that the driver was driving too close to another driver to be safe. If the driver in front brakes, this can easily cause an accident if the person behind does not have sufficient reaction and braking room to avoid a collision.
Similarly, tailgating combined with distracted driving, such as texting, can cause an accident because the driver already has a decreased reaction time due to how close they are to the other vehicle. If texting, the driver is less likely to notice the driver in front of them braking or changing speed, this combined with the short reaction distance, is likely to result in an accident.
Aggressive driving can often cause drivers to take unnecessary risks and drive dangerously. Usually, aggressive drivers tailgate because they are preparing to overtake in a small opportunity or trying to intimate a driver to let them pass. This behavior could cause both the driver in front or behind to drive more dangerously and take unnecessary risks which could result in a car accident.
Drunk driving or driving under the influence of drugs is inherently dangerous and increases the chances of a traffic accident. Both alcohol and drugs increase a driver’s reaction times, influence their decision-making, and increase the likelihood of dangerous, risk-taking behavior. The slowed reaction times of a driver under the influence, combined with tailgating, can be especially dangerous and cause a severe automobile accident.
Tailgating can also make common driving conditions and situations more dangerous and likely to result in an accident. For example, road construction, lane changes, potholes, debris in the road, slippery roads, and changing traffic patterns are all more likely to result in a collision if a driver is tailgating.
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Can I File a Personal Injury Claim?
Personal injury law allows some victims of serious car accidents to seek compensation for their suffering because of another individual’s negligence or misconduct. It is important to note that usually, Florida law only allows victims who have suffered very serious injuries to pursue a personal injury claim. For lesser injuries that do not meet the threshold, victims are expected to recover their losses from their own insurance policy’s personal injury protection coverage. To understand whether your suffered injuries meet the threshold for a car accident lawsuit, speak to a reputable personal injury attorney.
For a successful car accident case, your Orlando auto accident attorney will need to prove the other party’s negligence. Specifically, they must establish four main elements to prove negligence:
- The driver had a duty of care to the victim – All drivers on Florida’s roadways have a legal responsibility to take reasonable precautions while driving and behave in a responsible manner to avoid endangering other road users or pedestrians.
- The driver breached their duty of care – Tailgating is a traffic violation and is a display of a driver behaving irresponsibly without concern for the safety of other road users. If tailgating can be proven in court, this will usually serve as proof of a breach of duty of care.
- The accident was caused by this breach of duty of care – For a successful lawsuit, your attorney must also prove that the driver’s tailgating actions led to the accident in question.
- The accident caused your damages – Finally, you must also prove to the court that the damages you are seeking compensation for occurred as a direct result of the accident. It is essential that you keep receipts of records of expenses and any missed work you incur following an accident to support this stage of the lawsuit. Tangible financial losses are easier to prove than intangible losses such as pain and suffering. However, an experienced Orlando car accident attorney will be familiar with how to prove these damages in the Florida court system.
Motor vehicle accident lawsuits often involve insurance companies and their experienced legal teams, who will do their utmost to dispute your claim and reduce the compensation they are liable to pay. A compelling argument, supported by a strong body of evidence, is essential if you are to secure a successful outcome in your case. A reputable lawyer will work with you to gather evidence, develop a strong case for compensation, and fight for your rights in the courtroom.
Tailgating Accident Compensation
Through a personal injury lawsuit, victims of tailgating accidents may be able to claim compensation for the damages they have suffered because of the accident. Typically, the types of compensation you can expect to receive in a successful case are divided into three categories, economic, non-economic, and punitive.
Victims can seek compensation for a range of damages, including lost wages, anxiety as a result of the accident, and damaged property. An experienced auto accident attorney can review the specifics of your case and advise you on the likely damages you could seek compensation for.
Economic Damages
The compensation for economic damages in tailgating accident lawsuits includes all tangible financial losses a victim has incurred due to the accident and the driver’s negligence. Common economic damages include the following:
- Medical bills.
- The cost of transport to medical appointments.
- Missed work and lost wages.
- Future lost earning potential due to injuries.
- The cost of therapy or counseling.
- Property damaged in the accident, such as mobile phones and children’s car seats.
- Future medical bills, such as further treatment or physiotherapy.
- The cost of any home modifications required due to the injuries.
- Funeral costs if the accident resulted in a fatality.
Non-Economic Damages
Non-economic damages allow for the non-quantifiable losses that a victim has suffered. This can include if the victim is no longer able to drive because they are too anxious or if their quality of life is reduced because of permanent injury or scarring.
- Emotional turmoil.
- Pain and suffering.
- Post-traumatic stress.
- Anxiety.
- Fear of driving again.
- Depression.
- Loss of quality of life.
- Loss of a loved one.
Punitive Damages
Whereas both economic and non-economic damages focus on the victim and the losses they have suffered from the accident, punitive damages focus on the perpetrator and their wrongdoing that led to the car accident.
Punitive damages in a car accident lawsuit are not always applicable, but in certain cases, they aim to punish the perpetrator for their wrongdoing and discourage similar acts in the future. The purpose is to make an example of the driver to others to reduce the likelihood of other drivers demonstrating similar behavior and injuring more people.
Some tailgating accident victims also receive a sense of justice from punitive damages, as the perpetrator is punished for their actions. This can be particularly beneficial if the victim could not seek justice through the criminal court system.
Who Is Responsible for a Tailgating Accident?
Determining who is liable for a car accident is essential if you are to pursue a personal injury claim against the perpetrator. Who is at fault for a tailgating accident can depend on the specific details of each circumstance, but typically, the person who was tailgating the other driver is responsible. If the accident was a rear-end collision, usually, it is assumed that the person at the back who hit the other driver is liable for the accident.
In some situations, both parties may be partially to blame for the accident. In this case, Florida’s comparative negligence laws are applied to the accident. Under these rules, even if you are partially responsible for the accident that caused your injuries, this does not exclude you from claiming compensation. Instead, the compensation you receive will be reduced in relation to how responsible you are for the accident. For example, if you are found to be 30% responsible for an accident, you could be able to recover 70% of the total compensation for your losses.
If the driver received a ticket from a police officer for tailgating, this could help you to prove that the other driver is responsible for causing the accident.
Orlando Tailgating Law
Under Florida law, tailgating is a noncriminal moving violation. Florida Statute 316.0895 states that all motor vehicle drivers should not follow another vehicle more closely than what is ‘reasonable and prudent’, taking into consideration the traveling speed and road conditions.
Similarly, trucks and vehicles towing trailers and other cars must remain at least 300 feet away from other trucks and vehicles towing trailers. Law enforcement officers are permitted to stop any drivers who are seen to be tailgating on Orlando’s roadways.
You could also face a tailgating ticket if a car pulls into a space in front of you and your lane and you are now driving too close to them. If possible, in these situations it is advisable to slow down to create more space between your vehicle and the one in front. Although, officers are required to use their discretion to evaluate the specifics of individual situations before issuing a ticket.
Penalties
If a law enforcement officer stops a driver for tailgating, they can receive a moving violation ticket. Likely, they will also face a fine and points on their driver’s license for the violation. Points on a driver’s license can cause increased insurance premiums and, if numerous violations occur, could even result in a driver’s license suspension.
I Lost a Loved One in a Tailgating Accident. Can I Claim Compensation?
The most tragic outcome of a tailgating accident is a fatality. This is a heartbreaking event for the individual’s family and loved ones, and sadly can be a reality in severe accidents. If you were unfortunate enough to lose a family member or loved one in a tailgating accident, you may be able to file a wrongful death claim.
A wrongful death lawsuit can allow family members or loved ones of someone who died in a car accident to seek compensation for their losses. A successful case may recover compensation to cover funeral costs and the loss of income to a household. A settlement may also include compensation for intangible losses such as the loss of a loved one and emotional suffering and punitive damages.
The Driver that Hit Me Was Uninsured. Can I Still File a Claim?
In most car accident personal injury lawsuits, the victim will recover compensation from the perpetrator’s insurance company. If the driver that caused your accident was not insured, this can make your case more complicated, but compensation can still be possible.
All Florida motor vehicle insurance policies are legally required to contain personal injury protection (PIP). You can claim under this cover to support your immediate financial needs after an accident with an uninsured driver, such as medical costs. However, depending on your specific PIP cover, it is unlikely that this will cover all of the losses you suffered from the accident.
PIP coverage will pay compensation up to 80% for reasonable medical expenses, 60% of lost income due to injuries from the accident, and up to $5,000 in death benefits in a fatal accident.
You may also be able to pursue the other driver personally for your damages, and if your case is successful, they would be personally liable for your compensation. However, if their assets are limited, it could be challenging to recover all the compensation you are entitled to. A court may impose wage garnishing or asset seizure to cover your settlement, but this can be a lengthy process.
Another option is to claim against your own insurance policy’s uninsured motorist cover if you have it. This is not a legal requirement in Florida but is commonplace in most policies unless you specifically decline it. Even when claiming from your own insurance company, likely, you will have to fight to recover the full compensation you are entitled to.
Seeking compensation for damage from an uninsured driver can be complex, and many policies will try to dispute your claim and avoid paying a settlement. Securing legal representation as soon as possible following the accident will give you the best chance of a successful case and can help you avoid saying or doing anything that could be used against you to dispute your compensation payment.
How Long After My Accident Can I File a Lawsuit?
All car accident personal injury claims are subject to Florida’s statute of limitations for car accidents and careless conduct cases. Most cases must be filed within 4 years of the date of the accident to be considered in court. If you attempt to file a lawsuit more than 4 years after the incident occurred, your claim could be time-barred, and you will not be able to pursue a case and recover compensation.
How Can a Personal Injury Lawyer Help?
Representation from a skilled personal injury auto accident lawyer will significantly improve your case and the likelihood of securing a successful settlement. An attorney will conduct an in-depth review of your case and collect all available evidence to support your claim. They will locate any witnesses from the accident to testify on your behalf and fight aggressively for your rights throughout the negotiation process and in court hearings.
The dedicated insurance company representative assigned to your case will critically examine every element of your claim for weaknesses or errors to negotiate a lesser settlement or dismiss your case. Without legal representation, an individual without legal experience is likely to make mistakes on court paperwork, petitions, or motions, which could harm your case. Additionally, securing legal representation early after your accident will ensure you receive the necessary advice to avoid saying something you shouldn’t or damaging your case in any way.
Furthermore, if you have suffered serious injuries in a tailgating accident, the process of a personal injury lawsuit can feel overwhelming and difficult to manage on top of your recovery journey. The lawsuit process is not only procedurally complex but can also be stressful and emotionally draining as the perpetrator and their insurance company tries to discredit your argument and dispute your compensation.
With skilled legal counsel by your side, you can be protected from the stress of your case, and rest assured that all legal and procedural requirements are being met by your attorney, allowing you to focus on your health.
The Law Place Tailgating Accident Attorneys
The Law Place’s car accident attorneys have a combined experience of over 75 years of successfully fighting for compensation for car accident victims in Florida. We are aggressive advocates for car accident victims and their families and will use our breadth of knowledge and experience to secure the best possible outcome in your case.
If you are represented by an Orlando car accident lawyer from The Law Place, your attorney will gather supporting evidence and testimony, seek expert opinion, resist pressure from insurance companies, and skillfully negotiate a fair settlement for your ordeal.
Free Consultation and Case Evaluation
The Law Place offers a free consultation and case evaluation with an Orlando car accident attorney for tailgating accident victims and their families considering a lawsuit. In your consultation, you can discuss your accident and your eligibility for compensation, alongside the next steps to start legal recourse. Our consultation comes with no fees or obligations to continue with representation from The Law Place if we are not the right fit for you.
Contact The Law Place Today!
Contact the reputable Orlando car accident attorneys at The Law Pace today to discuss your car accident case and how we can help you recover compensation for your suffering. Our phone lines are open 24 hours a day, and we speak fluent Spanish.
Call our legal team today at (941)-444-4444 to schedule your free consultation.
