Nearly one-third of all car accidents involve rear-ending. With that in mind, yes. Tailgating can cause serious car accidents. Generally, when tailgating occurs, it leaves the driver a very small margin for error.
If the lead car needs to slam on brakes to avoid a collision or hazard, the tailgater has little option but to hit the car in front of them. In this article, we discuss everything you need to know about tailgating, how to avoid it, and what to do if you’re involved in a rear-end collision.
Continue reading to learn more.
What Is Tailgaiting?
Tailgating occurs when a person drives too closely behind another vehicle. Most experts recommend leaving at least two car lengths of space between your vehicle and the vehicle in front of you (when driving at slow speed).
It’s advisable to leave much more space when traveling on the highways or at faster speeds. However, when that space is decreased (even by a few feet), it severely limits a driver’s ability to avoid collisions.
How to Avoid Tailgating
Most drivers are guilty of tailgating at one time or another. However, it’s in your best interest to avoid the practice as much as possible. With that in mind, you should consider the following when driving:
- Remain conscious of your surroundings
- Limit distractions (i.e., cell phones, food, etc.)
- Keep as much space between you and the next driver as possible
- If you’re tired, pull over and take a nap in a safe place
- Get your brakes, tires, and tire pressure checked regularly
- Don’t be in a rush when driving – it can be deadly
You can control whether or not you tailgate other vehicles. However, you have no control over other drivers on the road. Continue reading to learn tips to stay away from tailgaters while driving.
How to Stay Away From Tailgators
Tailgating isn’t always due to intentional recklessness. On the contrary, most tailgaters are not aware of their proximity to the car in front of them due to several factors such as:
- Driving while fatigued
- Driving while distracted
- Driving aggressively
- Drunk or drugged driving
Suppose you notice a car tailgating your vehicle or another close-by vehicle. In that case, it’s recommended that you move your car to the shoulder and allow the tailgater to pass.
If that’s not possible under the circumstances, take the soonest turn off the road or highways that you can. If you’re unable to get away from another car driving too close to yours, it may be helpful to drive a bit slower. That may incentivize the tailgating driver to switch lanes.
The most important thing here is to pay attention to other drivers around you and take precautions when you notice tailgating. Doing so could save you a lot of frustration, pain, time, and potentially, money.
Who’s at Fault in Tailgating Accidents?
In most cases, the tailgater is liable for accidents. The logic is that they may have avoided the accident if they allowed the recommended space between the next car. However, in some cases, the lead driver is liable for tailgating accidents.
A few possible scenarios that could result in the lead driver being held liable for an accident include but are not limited to:
- The lead driver unlawfully or recklessly pulled in front of the rear driver
- The lead driver slams on the brakes for no apparent reason
- Instances of road rage or insurance fraud
- Drunk or drugged driving
- The lead driver was distracted
It’s not easy to prove the lead driver is responsible for a car accident. However, it’s not impossible either.
If you’re involved in a rear-end collision (where you believe it was the lead driver’s fault), it’s in your best interest to identify as many eyewitnesses as possible before leaving the scene.
What to do If You Are Injured in a Tailgating Accident
Common injuries in tailgating accidents include whiplash, traumatic brain injury (TBI), injuries to the lower extremities, facial injuries, and more. If you’re injured in a rear-end collision, it’s in your best interest to take the following steps:
- Check on the other driver’s involved in the accident
- Contact the police, notify your insurance, and call an ambulance if necessary
- Call an experienced auto accident lawyer
- Collect evidence at the scene (i.e., pictures, videos, eyewitness information)
- Seek immediate medical attention
If you’ve been injured in a tailgating accident in Florida, working with a proven auto accident lawyer can be the difference between maximum compensation and no compensation.
Contact Schrier Law Group for your free initial consultation with a proven auto accident lawyer in Florida today.
The legal advice offered by an experienced auto accident lawyer can save you time, frustration, and a lot of money. However, if you wait too long, your injuries may worsen, and you could lose your right to ever recover damages.
Are you unsure if you should call a Florida auto accident lawyer after your accident? Listed below, are a few of the most common examples of when an accident attorney can benefit you.
- An insurance company requests medical records from before the accident
- An insurance company has made you a lowball offer
- An insurance company is offering a structured settlement rather than a total lump sum
- It’s difficult to prove that you lost wages
- It’s unclear who is responsible for an accident
- More than one party may be liable for the accident
- You require assistance negotiating a fair settlement
- You’re unsure how to calculate your damages
Contact the auto accident lawyers at Schrier Law Group today for a free consultation – we can help. Continue reading to learn when you should call an attorney after a car accident.
Should You Always Call a Lawyer After an Accident?
Accident victims who seek skillful legal representation typically fare much better in settlement negotiations. Accident law experts recommend seeking legal representation when:
- An insurance company denies your claim
- Liability is unclear
- The case may require expert investigators or witnesses
- The insurance company is making lowball offers
- The injured party is a minor
- The other party has filed a lawsuit against you
- You are injured and have significant medical bills
- You are not at fault or partially at fault for the accident
- Your quality of life has been affected by your accident
- You are temporarily or permanently disabled because of the accident
Waiting to call an attorney could harm your claim. For negligence lawsuits, there is generally only a four-year time limitation for when you must file a lawsuit within. If a family member or loved one tragically died, due to a negligent driver in a car accident, then you often only have two years from the date of the death to file a lawsuit for wrongful death.
According to Florida Statute 627.736, (the Florida Pip Statute), you only have 14 days to see a doctor after an auto. accident. If you fail to seek medical treatment promptly and within 14 days, after you sustain injuries from an auto accident, the Pip insurance company will almost always legally deny paying your hospital and your medical provider’s bills that would typically be paid by your Pip Insurance Company under Florida’s no fault laws.
What is Comparative Negligence?
If there is an accident, then comparative negligence leads to the division of monetary compensation, from each careless party, based on the fault that each party is found responsible for. If the total value of your negligence case was determined to be worth $200,000 and two drivers caused the accident, (one driver was determined to be 80% at fault and the other driver found to be 20% responsible), each driver would contribute a proportional percentage of their fault for the accident. ($160,000 & $40,000 respectively).
Insurers use comparative negligence to determine how much blame or fault to accept, before paying you for your claim & case. Florida’s comparative negligence statutes award damages for accidents proportionally based on the determination of the degrees of each party’s negligence.
What if the Driver Leaves the Scene After an Accident in Florida?
Under Florida Statutes, Sections 316.061-316.063, individuals who leave the scene of an accident that involves bodily injury, property damage, or death violate the law. If one leaves the scene after causing an injury, it is a felony in Florida.
A person can be convicted for leaving the scene of a Florida accident if they:
- Operate a vehicle involved in an accident, and it led to severe injury or death of another person or property damage.
- You were aware, or you should have been aware that you were involved in an accident, but you still fled the scene.
- You willfully chose to leave the scene without providing identifying information to the other person or calling the police.
- You failed to offer much-needed assistance to another individual involved in the accident.
A knowledgeable Florida accident attorney can support those who are victims of hit and runs and those who have been falsely accused.
How Can an Auto Accident Lawyer Help Me?
Hiring an auto accident attorney can improve your chances of recovering money damages in your case. Personal injury law experts recommend hiring a lawyer when it’s not apparent what your damages are or who is at fault.
Negligence and liability aren’t always easy to establish. For that reason, hiring a skilled investigator could make a big difference in your case. It’s important to note that once you’ve accepted an offer from the insurance company, you most likely will also forfeit your right to ever pursue additional damages.
With that in mind, it’s in your best interest to consult an attorney before settling your own case or before signing any papers given to you by an insurance company.
Contact Schrier Law Group Today
Your attorney will protect your rights, explain your legal options, and guide you through the auto accident claims process. Auto accident attorneys handle many matters, including investigating your case, gathering evidence, dealing with insurance companies, filing lawsuits, negotiating, and representing you in court if negotiations fail.
Don’t wait until it’s too late to file an auto accident claim. Call 1-800-700-PAUL today to schedule your free initial case review.
Florida routinely ranks in the top 10, of all of the states in the U.S., for the total amount of car accidents, as well as for the number of uninsured drivers. Knowing what highways are the most dangerous in Florida can help you potentially avoid accidents the next time you take a drive.
This article discusses the deadliest roadways in Florida, the most common reasons for car accidents, and what steps to take if you are involved in a car accident.
If you’ve been injured in a collision, it’s in your best interest to consult with an experienced auto accident attorney as soon as possible. Our attorneys, at Schrier Law Group, have successfully represented auto accident victims for more than 40 years. We can do the same for you.
Contact us today to learn how we can help you get the most compensation possible for your case.
The Deadliest Highways in Florida
Some roads in Florida are more dangerous than others due to conditions, congestion, and many other factors. Some of the most dangerous highways in the state include, but are not limited to:
- Interstate 4 is the busiest in the entire country. Although some may believe that this roadway is haunted, distracted driving and the high amount of motor vehicles on this interstate make it riskier for Florida drivers.
- Interstate 10 is one of the main east-west highways in Florida. The highway’s popularity makes it susceptible to traffic, and the higher speeds increase the risk of accidents.
- The Ronald Reagan Turnpike goes through 11 counties in Florida and runs north to south throughout the state. This route is popular for commercial vehicles, making it more dangerous for motor vehicle travelers.
- Interstate 95 stretches down the entire east coast. It is also one of the most dangerous stretches of highway in the U.S. Its daily traffic and heavy congestion, due to thousands of car and truck users, make I-95 more dangerous for everyone.
What Are the Most Common Reasons for Accidents in Florida?
Accidents can happen for any reason, including road conditions, negligent drivers, and many others. The most common driving behaviors that increase the risk of accidents include:
- Aggressive driving – speeding, cutting off other drivers, switching lanes without signaling, aggressive honking, tailgating, road rage, and other avoidable acts commonly contribute to Florida car crashes.
- Distracted driving – accidents are a significant problem, due to the overuse of smartphones, especially texting, while driving. Other dangerous behaviors include eating, talking to passengers, caring for pets or children, changing the radio, reading directions, and more.
- General traffic infractions – Falling to signal or yield the right of way, running stoplights, driving over the speed limit, and making illegal turns are some of the most common reasons for Florida auto accidents.
- Drunk driving: More than 5,000 accidents are caused by intoxicated driving in Florida each year.
How Can I Stay Safe While Driving on Florida Highways?
Exercising caution, while driving on Florida’s roads, is one of the best strategies for staying safe. The following tips can also keep you and your family safe while sharing the highways:
- Avoid distracted driving on Florida highways by stopping at rest stops, welcome centers, and service plazas when you want to use your phone.
- Avoid pedestrians, bicyclists, and skateboarders when driving, and practice safe driving techniques when they are nearby.
- Don’t drive while you’re intoxicated, impaired, or fatigued. Drivers can be held criminally liable for injuries, deaths, and accidents caused by their negligence.
- Take a safe driving course to brush up on your skills, familiarize yourself with Florida traffic laws, and learn defensive driving techniques.
What Steps Should I Take if Involved in an Accident in Florida?
If you suffer severe injuries from your crash, you have the right to file a lawsuit for damages against the at-fault party, generally within four years of the date of your accident. An adept Florida auto accident attorney can:
- Help you file the claim
- Conduct an independent investigation
- Negotiate with the insurance company
- Represent you in court (if necessary)
- Assert your rights
- Seek maximum compensation for your damages
Although Florida is a no-fault state, it’s still imperative to report the crash to the police, to obtain a crash report, and to file your insurance claim as soon as possible. Failing to act, after your accident, could result in you losing your right to ever bring a case or it could cause you to lose your case.
Contact an Experienced Florida Auto Accident Attorney Today
If you’re injured on one of Florida’s most dangerous highways, the auto accident attorneys at Schrier Law Group can help you recover the money that you deserve. We’ve helped clients recover millions of dollars in damages.
Our attorneys are compassionate, devoted, and we are extremely successful by using creative legal strategies to aggressively pursue the maximum compensation on behalf of all of our clients.
Don’t wait until it’s too late to file an auto accident claim. Call 1-800-700-PAUL today to schedule your free initial consultation.