Tailgating is one of the most underrated risks on Johns Creek roads. Tailgating means driving too closely behind other vehicles, and it’s pretty common. If another driver caused your crash in this way, a Johns Creek tailgating accident lawyer can help.
Tailgating often leads to rear-end accidents, and injuries aren’t always apparent. It might take days to fully realize your damages, and by that time it can hurt your case. To protect your legal rights from the beginning, contact an experienced lawyer.
At John Foy & Associates, we can help you prove the other driver’s fault. We also know how to build a strong injury claim to recover your damages. Contact us today, and we’ll discuss the details during a free consultation and case review. Call (404) 400-4000 or contact us online.
How Tailgating Accidents Happen
According to the Official Code of Georgia Annotated (OCGA) §40-6-49, drivers should not follow “more closely than is reasonable and prudent.” Drivers should also regard other vehicle speeds and current traffic conditions.
Tailgating accidents occur when someone is following too closely. A driver might tailgate for reasons like:
- Distracted driving
- Drunk driving
- Aggressive or reckless driving
- Running a red light
- Failure to yield
Texting while driving is a very common type of distracted driving. If a driver is on their phone, they might not realize when the car in front of them slows down. By the time the driver does notice the car ahead of them, it’s too late. And that’s when a tailgating accident happens.
A driver might also tailgate aggressively. For example, a motorist might drive right behind another vehicle, hoping to force them to go faster. Instead of passing the front car, the rear driver chooses to tailgate.
Determining Fault in a Tailgating Accident
Most of the time, the rear driver is at fault for a tailgating accident. If the driver behind you caused your rear-end accident, the evidence can work in your favor. You can usually build a claim to show that the other driver was at fault.
However, there are exceptions. Sometimes, the driver in front will slam on their brakes and cause an accident. Or a driver might change lanes in front of another driver and slow down, causing an accident. If this type of situation happens to you, contact a lawyer for help with proving fault.
At John Foy & Associates, we can help you gather the right evidence. Tailgating accidents are often more straightforward than other crashes. But you will still need to prove the other driver’s fault. To review your options and how we can help, call (404) 400-4000 for a free consultation.
Whiplash and Other Tailgating Accident Injuries
Whiplash is the most common injury from a tailgating accident. According to the Mayo Clinic, whiplash is a neck injury caused by “forceful, rapid back-and-forth” motions. In fact, the name “whiplash” comes from the movement of cracking a whip.
Whiplash is a misunderstood injury. Right after a tailgating accident, the victim might feel little to no pain. But over the next few hours, the pain can set in and become unbearable. Since whiplash takes time to manifest, it’s best to see a doctor as soon as possible.
Besides whiplash, other tailgating accident injuries include:
- Head trauma
- Spinal cord injuries
- Severe bruising
- Cuts and lacerations
- Arm and shoulder injuries
- Hip or leg injuries
Tailgating accidents tend to be less severe than other collisions, but not always. If the other driver is traveling at high speeds, the damage can be terrible. Some people lose their lives during a tailgating accident.
After the accident, don’t discount your injuries. See a doctor as soon as possible for an examination. Even if you feel okay, have a professional check you out for potential damage.
If you wait too long to get medical treatment, it can hurt your case. The other driver’s insurance company will question your injuries and medical costs. To protect your legal rights, take every pain or injury seriously from the beginning.
Tailgating Accident Damages
If you were not at fault for your accident, you have rights. You can seek compensation for any losses you have from the accident. These losses are known as personal injury damages.
Common damages include:
- Doctor and hospital bills
- Prescription medications
- Lost wages
- Loss of earning capacity
- Vehicle repair costs
- Pain and suffering
- Scarring or disfigurement
It’s important to consider all damages you might face, including future medical costs.
An experienced Johns Creek tailgating accident lawyer can help determine all of your damages. The goal should be to recover any losses caused by an accident you didn’t cause.
Filing a Tailgating Accident Injury Claim
Georgia is a “fault state.” That means the negligent party in an accident is responsible for the damages. So, if another driver was at fault for your accident, you can file a claim against them.
Negligence is a lack of ordinary care. In other words, it means someone has been careless while driving. As the injured party, you must show that the driver’s negligence led to your tailgating accident.
You can file a claim with the driver’s insurance company. Before filing your claim, you’ll need to take steps like:
- Reporting the accident to the police
- Documenting the accident scene
- Keeping track of all of your damages
- Calculating your total damages
- Being careful what you say about the accident
An experienced lawyer can help with all of the above and more. Note that you typically have two years or less to bring a legal case for compensation. If you wait too long, you could miss any chance at financial recovery.
Most accident claims end with a settlement for the victim. However, the insurer will sometimes refuse to settle. If so, you and your lawyer can discuss the possibility of a lawsuit for what you deserve.
Talk to a Johns Creek Oversized Loads Accident Lawyer Today
Tailgating accidents are painful, confusing, and stressful. If you or a loved one were a victim, you don’t have to handle the aftermath alone. Our experienced lawyers can manage the legal details for you while you focus on healing.
We have over 20 years of experience helping accident victims win what they deserve. Our attorneys also don’t collect a fee unless we win you money. You can get started today without any upfront costs.
Reach out today to learn more about your options. Call us at (404) 400-4000 or contact us online for a free consultation.