Following another vehicle too closely, also known as tailgating, can lead to serious accidents which can cause personal injury, property damage, or even death. A report by the Florida Department of Highway Safety and Motor Vehicles (FHSMV) stated that over 400,000 accidents happen every year, and tailgating is one of the leading causes.
If you were injured in a tailgating car accident, then you could be eligible to file a personal injury claim in Port Charlotte. You will need to hire a car accident lawyer with skills and resources to manage your case and win the compensation that you are owed.
With over seventy-five years of collective experience, The Law Place has helped hundreds of clients to pursue personal injury claims in Port Charlotte and across the State of Florida. Our law firm has a database of knowledge in regard to personal injury law, and we will assist you in building a strong case.
You should call our office to set up a free consultation now, and we will offer you a piece of honest advice that will help you in your current situation. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and our team of personal injury lawyers will secure the compensation that you deserve following a tailgating car accident in Port Charlotte.
The Definition of Tailgating in Port Charlotte, FL.
The State of Florida declares that following too closely behind another motor vehicle is classed as a moving violation.
Florida Statute 316.0895 explains that “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.”
You have most likely heard of the ‘three-second rule’ (also referred to as the four-second rule), which states that all drivers must remain at least three seconds away from the motor vehicle in front of them according to the traffic code in the State of Florida. This is the main guideline to ensure that every driver maintains a safe distance between other motor vehicles in order to avoid a rear-end collision. However, not every driver obeys the rules of the road, and it often leads to serious car accidents and injuries.
If you suffered an injury and you are wondering about your eligibility for compensation, then you should set up a free consultation at The Law Place. Our team of car accident attorneys will ask you a few questions so that we can accurately determine the value of your case, and then we will let you know how we can help you in Port Charlotte.
Reasons Why People Tailgate in Port Charlotte, FL.
The National Highway Traffic Safety Administration (NHTSA) declared that tailgating is classed as an aggressive form of driving. Tailgating is considered an unnecessary and dangerous form of behavior that has the potential to lead to serious car accidents and damages. There are a number of reasons why people tailgate, such as:
- Aggressive driving.
- Road rage.
- Distracted driving.
- Careless driving.
If you have been involved in a car accident as a result of another person tailgating, then it is essential that you speak to a car accident attorney from The Law Place to receive legal advice in Port Charlotte.
Injuries Sustained in a Tailgating Car Accident in Port Charlotte, FL.
The car accident attorneys at The Law Place will need to show that the car accident was the cause for your injuries in order to secure the full amount of compensation after a tailgating crash. It is imperative that you seek medical attention as soon as possible so that an official record by a medical professional will make it clear that the accident led to your injuries and nothing else was the cause. The most common types of injuries caused in a tailgating car accident include:
- A traumatic brain injury.
- Internal organ injury.
- A spinal cord injury.
- Arms or legs injury.
Every single one of these injuries can possibly require extensive medical treatment, and they might lead to a long period of recovery.
We’re Florida’s top litigation team with over 75 years of combined experience
Steps to Take After a Tailgating Car Accident in Port Charlotte, FL.
If you are ever involved in a tailgating or rear-end car accident, then you should take the following steps to protect your legal rights:
- Move to somewhere safe – If you are not badly injured, you should move somewhere safe, away from danger.
- Check for injury – You should immediately check yourself, passengers, and other people for injury. If anyone requires medical attention, you must pick up your phone and call for an ambulance.
- Call the police – Florida Statute 316.062 declares that you have a legal responsibility to call the police to the location of a rear-end car accident. A police officer will arrive at the scene and file a report which will become a crucial piece of evidence when you want to pursue compensation later.
- Exchange information – Remember to exchange contact information with the other driver involved in the accident, including names, phone numbers, insurance information, and vehicle registration numbers.
- Evidence – A car accident can happen for many reasons, and you will want to gather all of the information that you possibly can. Take pictures of the location, property damage, motor vehicles, injuries, road conditions, and more. It could also be useful to collect the contact information of anyone who witnessed the accident, as they could provide a witness statement later.
- Seek medical attention – Florida Statute 627.736 outlines that you must seek medical attention within two weeks of a rear-end car accident in order to file a personal injury claim for compensation. The sooner that you go to the hospital, the better chance you will have to prove that your injuries were caused by the accident. Adrenaline might prevent you from realizing the full extent of your injuries, which is why you must get a check-up as soon as possible.
- Call your insurance company – You have a responsibility to inform your insurance company of the car accident. However, do not share too much information in regard to the details of the crash. Insurance companies are known to devalue claims, and they will use anything that you say against you. Remember to stick to the facts and keep it simple. You can also get your Port Charlotte car accident lawyer to speak to your insurance company on your behalf.
- Hire a Port Charlotte car accident lawyer – If you are looking for the best legal representation, then you should seek the service of a Port Charlotte car accident lawyer from The Law Place. Call our office to schedule a free consultation today.
From the initial call to updates on your case status, we are here to get you answers.
Determining Liability After a Tailgating Car Accident in Port Charlotte, FL.
If you were injured in a car accident due to tailgating, also known as a rear-end collision, then you will need to prove that the other driver was at fault. However, the driver at the back is almost always presumed to be at fault in the case of a rear-end collision.
A reasonable driver would always remember to leave sufficient space between the motor vehicle in front of them, especially in the middle of poor weather conditions or dangerous roads. Your car accident lawyer will have to prove negligence following a car accident by establishing:
- A duty of care – All drivers are required to keep their duty of care by driving safely and in line with the rules of the road.
- A duty of care was breached – If a driver does not operate their motor vehicle safely, then they have breached their duty of care. An example of breaching their duty of care includes tailgating.
- A breach of duty of care caused an accident – If a driver tailgates another motor vehicle and it leads to a car accident, then it is likely their negligent actions that caused the crash.
- An accident that led to damages – The car accident involving tailgating caused you to suffer damages, including personal injury, medical bills, pain and suffering, property damage, and more.
Available Compensation Following a Tailgating Car Accident in Port Charlotte, FL.
A car accident can result in a number of different damages, such as:
- Medical bills – If you suffered an injury, then you will have to claim for medical costs such as hospitalization, rehabilitation, surgery, physical therapy, prescription medication, and more.
- Lost wages – If you have to take time off work to recover from your injury, then you will have to claim for lost wages, changes to your usual income, and a reduced earning capacity.
- Property damage – If your motor vehicle or other personal property was damaged, then you will have to claim for the costs to repair or replace your property.
- Pain and suffering – If you are experiencing a loss of enjoyment of life, or a reduced quality of life, then you will have to claim for physical pain, mental anguish, or emotional trauma.
- Wrongful death – If someone you love was killed in an accident, then you will have to claim for wrongful death under Florida Statute 768.21. The compensation will cover funeral expenses, medical costs, pain and suffering, and more.
If you were involved in a car accident after being tailgated, then you could be entitled to receive compensation for any injuries, pain, and suffering, property damage, and more. Call The Law Place to set up a free consultation today. One of our personal injury attorneys will be waiting to pick up your call.
Statute of Limitations for a Tailgating Car Accident in Port Charlotte, FL.
The State of Florida declares that you have up to four years from the date of the tailgating car accident to file a personal injury claim according to the statute of limitations.
If someone you love was killed in a tailgating car accident, then you will have up to two years from the date of their passing to file a wrongful death claim.
Once the time limit has passed, you will not be able to pursue compensation for this specific accident.
Contact The Law Place Today in Port Charlotte, FL.
If you were involved in a car accident because of another driver tailgating, then you could be owed compensation in the State of Florida. It is important that you have someone to represent you and bring your case to justice in the court of law.
The Law Place has collected over seventy-five years of experience and knowledge when it comes to winning compensation for clients in Port Charlotte and all over the State of Florida. Our law firm handles every case with dignity, and we will ensure that you receive a favorable outcome.
Our team of car accident attorneys will investigate your accident, gather information, speak to eyewitnesses, negotiate with the insurance company, deal with the paperwork and file your personal injury claim. We will manage every aspect of your case so that you can take the time you need to heal from your injury.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and our team of personal injury lawyers will secure the compensation that you deserve following a tailgating car accident in Port Charlotte.