Tailgating happens when a driver follows too closely behind another vehicle. When someone tailgates in Sandy Springs, they put everyone at risk and can cause an accident at any time. Unfortunately, tailgating often leads to rear-end collisions and other crashes.
Insurance companies often downplay tailgating accidents. But the truth is that they can lead to painful injuries and costly medical bills. Even seemingly-minor injuries like whiplash can affect a victim’s entire life. That’s why it’s smart to contact a Sandy Springs tailgating accident lawyer if you were injured.
If you or a loved one have injuries from a tailgating accident, you have rights. John Foy & Associates can investigate the collision and determine your compensation options. To go over your case with an experienced lawyer, call (404) 400-4000 or contact us online for a free consultation.
Tailgating Laws in Georgia
Georgia law addresses following too closely under the Official Code of Georgia Annotated (OCGA) §40-6-49, which states:
- Drivers shouldn’t follow more closely than is “reasonable and prudent.” Each driver should consider the speed of other vehicles and traffic conditions.
- Drivers in a band of cars should provide enough space between each vehicle for other drivers. This doesn’t apply to parades, funeral processions, or vehicles under the control of the police.
- When a driver approaches a stopped or turning vehicle from behind, they are considered to be following. The driver should follow the above laws.
Although the laws might seem vague, the intent is clear. There should be enough space between vehicles to prevent harm. If a driver follows too closely behind other cars, they put everyone at risk.
Common Reasons Drivers Tailgate Other Vehicles
Someone could tailgate for any reason. But some of the most common causes include:
- Aggressive driving
- Being in a hurry
- Drunk driving
- Distracted driving
- Falling asleep at the wheel
- Road rage
An aggressive driver will tailgate someone to intimidate them. They might try to get a driver to speed up or move out of the way. An aggressive driver might also swerve in and out of lanes and honk at other drivers.
A tailgating driver could also be under the influence of drugs or alcohol. They might not even realize that they are driving too closely.
Also, someone might tailgate if they’re trying to get somewhere faster. Tailgating in heavy traffic can happen when drivers are feeling impatient or irritated.
Documenting a Tailgating Accident
No matter the reason, tailgating is never safe. If another driver caused your tailgating accident, you’ll need to gather evidence. You can show that the driver was tailgating through:
- Pictures or video evidence
- Witness statements
- Traffic camera footage
- Medical records
Whiplash injuries are very common with rear-end accidents. If you have whiplash, your injuries might help show how the driver hit you from behind. Also, have your lawyer contact any eyewitnesses to get statements that will support your case.
After the accident, see a doctor even if you feel okay. Many injuries take time to show up fully. You might not notice you’re in pain until hours or days later. To play it safe, see a doctor now to create a record of it.
If you wait too long to document your injuries, it will hurt your case. The other driver’s insurance company will doubt your injuries. They might try to say that you weren’t hurt badly enough (or hurt at all) to need compensation.
Who’s Responsible for a Tailgating Accident in Sandy Springs
The tailgating driver and their insurance company are usually responsible for accident damages. Sometimes, road conditions or manufacturing defects can contribute to the accident. But in most cases, the other driver is at fault.
Tailgating often leads to rear-end collisions. The tailgating driver collides with the back of the car in front of them. Although insurance usually assumes the rear driver is at fault, that doesn’t mean you’ll get a fair settlement offer.
Insurance companies look for ways to reduce what they pay. So, expect to get a lowball offer soon after the accident. This is the time to work with a tailgating accident lawyer who can help you negotiate for a better offer.
Important Factors in a Tailgating Accident Claim
You’ll want to consider all of the details involving your accident. Painting a picture of what happened will help show how the other driver was at fault. Your lawyer will gather information about:
- How fast the driver was going when they caused your accident
- Witness testimony for anyone who saw the driver tailgating you
- Road and weather conditions where the crash happened
- Any laws the driver broke before causing your accident, such as texting while driving or drunk driving
- Your injuries from the accident
- All damages you have because of the crash
Several factors can be at play with a tailgating accident. Document the accident as fully as possible to support your claim. The more evidence you can gather of the driver’s negligence, the better it’ll be for your claim.
Also, you’ll need to document how the accident has affected you. Your lawyer will calculate your total personal injury damages. They’ll also put a dollar value on your mental and emotional suffering.
After your accident, you typically have two years to bring a case for financial recovery. That time goes quickly, and you’ll need to build a case before then, so don’t wait. Contact a trusted lawyer today to learn your legal options.
Get Help from a Tailgating Accident Lawyer in Sandy Springs Today
Tailgating accidents can lead to painful injuries and costly damages. Even if you feel okay right after the accident, don’t assume everything is normal. See a doctor as soon as possible, and contact a tailgating accident lawyer for help.
John Foy & Associates can provide expert legal assistance after your tailgating accident. We have been helping accident victims win the compensation they deserve for over 20 years. Plus, you don’t pay a thing unless we win your case.
To schedule your free consultation, call (404) 400-4000 or contact us online today. We are available 24 hours a day, seven days a week to take your call.