Determining liability in a tailgating accident can be difficult, depending on the circumstances of the accident. Tailgating can be dangerous for every motorist in the near vicinity because of the unpredictable flow of traffic in certain situations. To avoid an accident, it may be wise to stay away from angry drivers that constantly tailgate your car. If you or a family member was the victim of an accident due to tailgating, contact an experienced Philadelphia car accident lawyer today. The Reiff Law Firm is prepared to help you pursue a cause of action against the negligent motorist that caused your accident. Our firm is here to explain who is at fault in a tailgating accident.
What is Tailgating?
Tailgating is when a motorist drives so closely behind another motorist that there is a substantially increased risk of the vehicles colliding if the lead vehicle suddenly hits the brakes. Tailgating becomes even more dangerous when a driver tailgates a large truck or decides to tailgate in poor weather conditions like rain or snow.
There are various reasons why a motorist may tailgate. However, the reasoning behind their decision to tailgate is often due to inexperience or other factors. For example, tailgating is often committed by motorists that are experiencing some level of road rage. These drivers may drive aggressively or even employ the use of their horn and headlights to scare the motorist ahead to shift into a different lane.
Another common reason that a motorist may tailgate another car is to stop another vehicle from cutting in front of them. This tactic is dangerous because not only is the motorist tailgating, but they are blocking another vehicle from entering the lane at the same time, which could cause the other driver to respond erratically. Additionally, a driver that is attempting to force another drive to merge in behind them may become distracted and hit the vehicle ahead if they are not paying attention.
As mentioned, a driver may also tailgate because they are inexperienced and cannot gauge the accurate distance to follow a vehicle ahead of them. When this happens, the motorist may be caught by surprise when the lead vehicle seemingly brakes for no reason. As a result, the driver may rear-end the lead vehicle or cause another serious accident trying to escape the lane before they collide with the lead vehicle.
In other circumstances, a motorist could tailgate to take advantage of the decrease in wind resistance. This will allow the driver to propel their vehicle without expending any excess amounts of gasoline. However, there is still potential for an accident to occur in this situation.
Despite the reason for a driver employing the use of tailgating, it is a dangerous maneuver that could cause a serious accident for all drivers involved. To learn more about filing a lawsuit for tailgating, continue reading or speak with a Philadelphia personal injury lawyer.
Determining Liability for Tailgating in Pennsylvania
In certain areas of Pennsylvania, there are traffic signs that warn against tailgating and may even detail a safe distance for vehicles to follow each other. However, when determining liability for tailgating, it is still important to examine how the accident occurred before filing a personal injury lawsuit. For example, if a driver saw another vehicle tailgating and immediately slammed on their brakes to cause the other driver to rear-end them, they might be held liable for their role in the accident.
Under other circumstances, if the driver that was tailgating you was experiencing road rage and struck your vehicle while attempting to move you from the road, the at-fault driver will be the driver with road rage.
It is important to note that Pennsylvania is a no-fault insurance coverage state. This means that the insurance company should cover you without regard to the issue of fault. However, if you wish to file a lawsuit because the insurance proceeds were insufficient for your injuries, you will be obligated to prove fault in court.
Our firm can help you gather evidence and build your case to improve your chances of receiving compensation for an accident caused by a negligent driver.
Contact Our Experienced Philadelphia Car Accident Attorneys to Speak About Your Case
If you or a family member was seriously injured in a car accident caused by tailgating, contact an experienced Berks County car accident attorney today. At the Reiff Law Firm, our injury lawyers possess decades of combined legal experience that we will utilize to represent you in your car accident case. We understand how a serious accident can affect your life, and we are here for you. To schedule a free consultation to discuss your legal options, contact the Reiff Law Firm at (215) 709-6940, or contact us online.
