Was Tailgating the Cause of Your Florida Car Accident?
If tailgating was the cause of your Florida car accident, you might be entitled to receive compensation from the at-fault party. Tailgating is a negligent act in Florida. Such an act is annoying and often distracts the motorists being tailgated. Tailgating is also dangerous and often leads to accidents. Suppose you were injured in a car accident that occurred because another driver was following you too closely. In that case, you need to work with a qualified personal injury attorney to ensure you receive compensation.
What Is Tailgating According To Florida Law?
The law doesn’t actually use the word “tailgating.” Instead, Florida law uses the term “following too closely.” According to Florida Statute 316.0895, following too closely happens when a motorist follows another motorist more closely in an unreasonable and imprudent manner. Generally, tailgating involves one vehicle following another at an unsafe distance.
Florida considers tailgating a moving offense. Motorists caught tailgating are usually fined and ticketed. Also, tailgating leads to points being added against a motorist’s driver’s license.
The law doesn’t clearly state what constitutes following at a safe distance. Some driving manuals advise motorists to leave a distance of one vehicle length each 10mph of speed. When driving in bad weather, it is recommendable to maintain double the distance. Other motorists follow the three-second rule. With the three-second rule, a motorist driving behind another motorist keeps a three-second distance. However, the three-second rule is not always efficient.
The National Highway Traffic Safety Administration classifies tailgating as a form of aggressive driving. This form of aggressive driving can cause serious accidents. Tailgating is often the leading cause of chain-reaction collisions. You can also fall victim to a tailgating accident that doesn’t result in a chain reaction.
If a truck or a semi-truck tailgates a motorist, an accident in such a case can be tragic. Such an accident can be fatal.
Was Tailgating the Cause of Your Car Accident?
Tailgating is considered a negligent and preventable act. Therefore, if another motorist caused your accident and injuries because of tailgating, you can sue them for negligence and receive compensation. The other motorist can be held liable for the accident and your injuries if they breached their duty of care. Each driver owes other drivers the duty to follow at a safe distance. Following too closely at an unsafe distance is a breach of that duty.
If you can prove negligence on the other driver’s side, you can receive compensation for damages such as medical costs, property damage, lost wages, pain, and suffering, among others.
The amount of reimbursement you receive after a tailgating accident depends on your injury’s extent and the impact the injury has had on your life.
Legal Help Is Available
If another driver’s tailgating caused your car accident, and you believe you deserve compensation for injuries sustained, reach out to a personal injury attorney immediately. Our Miami personal injury attorneys at the Pendas Law Firm can help you prove negligence on the defendant’s side. We can help you receive the justice you deserve. Our team of experts has helped quite a number of clients obtain fair compensation after auto accidents. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Daytona Beach, Tampa, Bradenton, Fort Myers, Jacksonville, Fort Lauderdale, and West Palm Beach areas.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.0895.html
