Tailgating in Sarasota, or anywhere, is not only distracting and annoying for the driver who is being closely followed, but it’s also dangerous. Florida, is one of the most dangerous states for drivers, according to Florida Highway Safety and Motor Vehicles (FHSMV) with over 400,000 every year, and tailgating is a leading cause.
If you have been injured in a tailgating accident in Sarasota, then you need a Sarasota car accident lawyer who is dedicated to fighting for the compensation you deserve. At The Law Place, we have over 75 years of combined experience dealing with both car accident and personal injury cases in Florida.
We offer a free consultation so that you can have confidence that you are choosing the right law firm for your representation. Our Sarasota personal injury lawyers are there for you when you need them, and our phone lines are always open. Just call us on 941-444-4444 to get in touch.
What Is Tailgating?
The definition of tailgating is following another vehicle at an unsafe distance. The general recommendation is to follow other vehicles at a distance of one car length for every ten miles per hour of speed. This distance should double in adverse weather conditions such as heavy rain or snow. This gives you enough time to react if the driver in front was to suddenly stop or maneuver.
However, anyone who has driven on Florida’s busy highways knows that if you leave too much distance, then cars from other lanes will try to sneak upfront. Therefore, the distance left between cars is often insufficient, but how close is too close?
In Florida, tailgating is a traffic violation, and you can receive a ticket if:
- The other vehicle was in the same lane as you.
- Given the road conditions, you were following the other vehicle more closely than reasonable.
When you are ticketed for tailgating, there is a lot of subjectivity involved. Police officers are expected to use their common sense when handing out a tailgating ticket in Sarasota. However, when it comes to a rear-end collision, where a car drives into the back of another vehicle, the driver at the back is generally considered to be at fault.
Why Do People Tailgate?
According to the National Highway Traffic Safety Administration (NHTSA), tailgating is a form of aggressive driving. It is a dangerous and risky practice that can cause devastating crashes and personal injury. Some of the reasons people tailgate are:
- Road rage.
- Careless driving.
- Aggressive driving.
- Distracted driving.
Who Is Responsible for a Tailgating Accident in Sarasota?
When a car accident occurs because of tailgating, it usually results in rear-end collisions. Following rear-end collisions, the driver at the back is generally considered to be responsible.
Furthermore, car accidents that happen as a result of tailgating are considered preventable, and therefore the driver can be found negligent for failing to take proper care while driving or failing to act as a reasonable person would have. It is common sense that a driver should not follow other vehicles too closely.
In order to prove negligence, your car accident attorney will need to establish:
- A duty of care was owed – Every driver in Florida automatically has a duty of care to pedestrians and other motorists.
- This duty of care was breached – When another driver tailgates, they breach their duty of care because they were driving recklessly.
- The breach of this duty of care caused the accident – Tailgating is a common cause of rear-end collisions.
- The accident led to damages – The crash must have caused your damages, such as vehicle damage, medical expenses, and pain and suffering for any injury.
What Damages Can Result From a Car Accident in Sarasota, FL?
Following a crash, your auto accident attorneys will look to claim for the following types of damages:
- Medical bills, including past, present, and future.
- Rehabilitation expenses.
- Lost income and lost earning potential.
- Pain and suffering, such as emotional anguish and loss of enjoyment. You might be able to claim for this if the accident resulted in an injury that is preventing you from living the life you once did.
- Property damage.
- Wrongful death, if a loved one has died in an accident, then you might be able to claim for funeral expenses and loss of their earnings.
Dealing With a Sarasota Car Insurance Company
Following a road traffic crash in Sarasota, you need to be mindful of dealing with insurance companies. Insurance companies are big business, and their ultimate goal is to make money. They have claims adjusters and lawyers on their side with a lot of experience. Their goal? To devalue your claim or reject it entirely.
Because Florida is a no-fault state, as outlined in Florida Statute 627.7407, you will claim some damages from your own insurance company, whether or not you were at fault.
Our advice is to speak to the car accident attorneys at The Law Place before you contact your insurance company. Whilst you are required to inform your insurance company that you have been in a crash, your policy will tell you how much time you have to do so. You usually have around 24 hours. If you speak to a car accident attorney first, they can take over your case for you and speak to them on your behalf.
If you do talk to them, stick to the facts, and remember that anything you say could be used against you. Avoid talking about your injuries of the extent of the damage; you may not have all the information right away.
What Can Auto-Accident Attorneys Do for Me?
After an accident in Sarasota, we recommend calling The Law Place, so that we can make an assessment on your individual case. We can offer free, unbiased, and no-obligation advice so that you can make an informed decision. If you decide to continue our accident lawyers will schedule a free consultation. At this point, we will explain what we can do for you and how our fee structure works. If you are happy, we will take over your case and will work to collect evidence.
When the other driver’s insurance company hears that you have accident attorneys on your side, they might contact you in the hopes of encouraging you to settle quickly. If you do this, then you will likely receive a much lower amount in compensation, and you will not be able to pursue your rights to damages any further.
Most crashes in Sarasota end with a settlement. However, if your case does go to court, your accident lawyers will have built up evidence and will be ready to fight for your rights to compensation.
How Much Does It Cost to Hire Attorney in Sarasota, FL?
Research shows that over 90% of cases that are supported by a lawyer end in a payout, and the payout on average is worth 60% more than those without any representation.
At The Law Place, we understand how scary car accidents are and how much they can impact your life. We offer a free consultation so that you can decide once you have all the facts and have had a chance to process what happened. We work on a contingency basis, so you will not pay anything upfront. The fees will be deducted from your settlement, and if your case is unsuccessful, you do not pay anything.
Contingency work is monitored by the State Bar Associations, who set restrictions on what lawyers can charge. Your attorney will ensure that you understand the costs, so you are not left with any surprises.
Speak to The Law Place Today!
If you have been in a tailgating accident in Sarasota, then you need a committed Florida accident attorney. At The Law Place, we work as a team so that you have the advantage of our combined experience, which spans over 75 years. This differentiates us from other law firms and ensures that you feel supported and safe to focus on your physical and mental recovery.
Call us today to arrange a free consultation on 941-444-4444.