How Tailgating Influences Your Car Accident Claim

Tailgating is a common reason for a car accident. If someone is following you closely from behind, and you have to suddenly slam on your brakes, the motorist behind you may not be able to stop in time, leading to an accident. You will need to quickly consult with a car accident lawyer who will gather evidence so that you can demonstrate that the other motorist was at fault of the accident and that you deserve compensation.

Discovering If A Motorist Is Negligent

Tailgating is considered a form of negligent driving. Therefore, if it is demonstrated that the other motorist was engaged in negligent driving, he or she will be held responsible for the accident. One thing that may be uncovered through the discovery process is that the other motorist was distracted, drowsy or under-the-influence during the accident. These factors can be used to further demonstrate that the other motorist was at fault for the accident. Also, if the other motorist appeared to be angry and aggressive, this can indicate that the motorist was experiencing road rage.

Obtaining Police Evidence

Newer laser radars used to gauge the speed of motorists also have the capacity to gauge the distance between you and the motorist tailgating you. This feature provides the police with evidence that can be used to demonstrate that the other motorist was responsible for the accident.

Demonstrating Your Own Duty Of Care

Explaining that you took preventative measures to avoid the accident can also help further establish the other motorist's fault. For example if you tried to change lanes, but the other motorist moved into a different lane, or if you tried to establish more distance between yourself and the tailgater, this could be used as evidence that there was nothing you could have done to avoid the accident.

Tailgating often leads to accidents when you attempt to stop or turn. For this reason, you must always clearly signal your intentions. For example, if you intend to make a left or right turn, you should use your turn signal. If you intend to come to a complete stop, you should slow down slowly before stopping completely. It is always better to avoid the accident in the first place, even if you wouldn't be in fault. However, if you can't avoid the accident, be sure to consult with a car accident attorney so you can pursue a settlement from the other motorist's car insurance company like Jacobs & Barney LLC.