Information for Tailgating Accident Victims


February 15, 2017

Atlanta Car Accident Attorneys Offer Information for Tailgating Accident Victims

While there are many forms of unsafe driving, the practice of tailgating is one of the most dangerous forms of driving behavior. Tailgating is defined as traveling too close to the vehicle in front of you. This unsafe driving practice increases the probability of a crash because the driver sacrifices critical moments to perform evasive actions or to brake to avoid a collision. Because of this heightened risk of causing an auto accident, Georgia and most states make this driving practice a traffic offense. In this blog article, our Atlanta auto accident attorneys offer consumers facts about tailgating accidents.

Although Georgia law makes tailgating illegal, many people continue to engage in this form of dangerous driving behavior. The causes of tailgating collisions include, among others:

  • Distracted Driving: When motorists are rubbernecking, texting, adjusting the radio, or engaging in some other form of multitasking, they might inadvertently move too close to the vehicle they are following.
  • Negligence: Drivers sometimes misjudge following distance and presume they have allowed sufficient space between their vehicle and the car in front of them.
  • Road Rage: Some motorists tailgate to pressure other drivers into increasing their speed or changing lanes.

Motorists who tailgate often cause rear-end collisions because they do not have time to stop when there is an interruption in the flow of traffic. While insurance companies often characterize rear-end crashes as low impact collisions incapable of causing serious injury, vehicle occupants injured in rear impact crashes can suffer serious injuries that include spinal cord injuries and broken bones.

Motorists that slam into a vehicle from behind usually will be at-fault because tailgating poses an unreasonable risk of injury to others. Some exceptional circumstances exist where the driver struck from behind might be at-fault partially or totally, such as when a motorist frustrated with a tailgater slams on the brakes in retaliation. If a driver slams on the brakes with the intent to cause an apprehension of harm, this constitutes a form of aggressive driving. When the result of slamming on the brakes is determined to constitute negligence by the plaintiff in a personal injury lawsuit, the plaintiff's recovery will be reduced in proportion to the percentage of fault assigned to the plaintiff.  For example, if the damages of the plaintiff amount to $200,000, the plaintiff's recovery will be reduced to 140,000 if the plaintiff is determined to be thirty percent at fault.

Since insurance companies recognize that their insured likely will be liable when he or she rear-ends another driver, adjusters often trivialize the severity of the injury that can be suffered in a rear impact collision. The adjuster often will refer to the accident as a "rear-ender" and suggest a lack of vehicle damage means that the plaintiff could not have suffered serious injury. However, the steel bumper of a motor vehicle is designed to withstand far more impact than the human body. Our attorneys work with experts who can convincingly dispel the notion that a lack of vehicle damage correlates to minor injuries.

Put Montlick & Associates' Over 32 Years of Legal Experience to Work For You!

If you or someone close to you is injured in a car accident caused by a tailgating driver, Montlick and Associates, Attorneys at Law, has been representing those who suffer serious injuries throughout Georgia and in the Southeast for over thirty-two years.

No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free:   1 (800) LAW-NEED
Hours: Open Today ¬∑ Open 24 hours 

Source:

http://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-3/40-6-49/

 

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.