Maison Law represents tailgating accident victims in California. If you or a loved one have been injured in a tailgating accident due to a reckless driver, the accident attorneys at Maison Law can help. In California, tailgating is an illegal maneuver according to California Vehicle Code 21703. Those who violate this law and injure someone as a direct result of their actions can be liable for damages.
What is Tailgating?
Tailgating is when a driver follows behind another vehicle without leaving enough space to slow down or stop to avoid a collision. California Vehicle Code 21703 states:
“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 vehicle and the traffic upon, an the condition of, the roadway.”
The California DMV recommends using the three-second rule to ensure driver safety when driving behind another vehicle. This means a driver should leave three seconds of space between their vehicle and the one in front. The three-second rule is easy to apply. To apply it, a driver can pick a stationary object along the roadside, such as a mailbox or street sign.
Once the motorist ahead of you passes this stationary object, count at least three seconds before you pass the same object. If you are at least three seconds behind the vehicle, then you are not tailgating. Lastly, it is recommended to keep an even further distance when driving through inclement weather. Unpredictable weather conditions can cause drivers to suddenly slow down or stop.
Who is at Fault for a Tailgating Car Accident?
Tailgating normally leads to rear-end accidents. As with most rear-end accidents, the car that caused the initial collision is usually the one at fault. However, the facts of the accident will dictate what constituted a reasonable distance. Since tailgating is illegal in California, it is important to know what tailgating is and how to identify if you’re involved in a rear-end accident. This knowledge may keep any liability from falling onto you.
When a tailgating accident occurs, it is the responsibility of the rear vehicle to leave sufficient space between their car and the vehicle ahead of them in case there is a sudden stop. In some rare cases, other parties may be liable for a tailgating accident. If another driver cuts off a vehicle and causes them to screech to a halt, a tailgating driver will most likey collide with the car in front of them. Even though the rear driver will be partially at fault for tailgating, cutting a driver off is a dangerous maneuver, and the reckless driver will probably be assigned partial blame for the accident.
Common Reasons Drivers Tailgate in California
According to the National Highway Traffic Safety Administration (NHTSA), rear-end accidents account for about 29 percent of all crashes with serious injuries in California. Even though tailgating is illegal, it is still one of the leading causes of rear-end accidents in the Golden State. Some drivers inadvertently tailgate others, while other drivers engage in the dangerous form of driving due to aggressive driving habits. The most common reasons for tailgating in California include:
- Distracted driving
- Traffic congestion with stop-and-go traffic
- Driving impatiently due to a driver running late
- Road rage
- Speeding
- Driving too fast in construction zones or hazardous weather
What to do After a Tailgating Accident in California?
If you’ve just been in a rear-end accident due to tailgating, seek medical attention immediately. If you are waiting for an ambulance to arrive, you should move your vehicle to a safe area. Pull to the side of the road and turn your hazard lights to indicate to other drivers there has been an accident.
Once you are safe, you can do the following to maximize your compensation:
- Do not admit fault.
- Document the scene with videos, and photos, and get eyewitness statements.
- Get the contact information of the witnesses and the other driver
- If police were not brought to the scene, report the traffic accident to the DMV
- Contact a personal injury right away on what your next steps should be
FAQs
Q: What’s the deadline for filing a rear-end accident claim?
A: 2 years is the statute of limitations for filing a rear-end accident claim.
Q: What if I can’t afford a lawyer?
A: Most lawyers for rear-end accident claims work on a contingency fee, meaning they provide their services to you on the contingency they will be paid an agreed-upon fee if they win your case.
Q: Should I speak to the other driver’s insurance company?
A: No, insurance companies will try to ask you tricky questions that may result in you surrendering the compensation you are owed. It is advised to let an attorney speak to the insurance companies on your behalf.
Contact a Tailgating Accident Attorney in California
If you or a loved one have been injured in a tailgating accident, the accident attorneys at Maison Law are here to investigate every liable party to get you the maximum compensation available for your damages. Our team has a record of successful verdicts and fair settlements for our clients. For expert legal advice, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services. Our clients do not pay a cent unless their case is won.
