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Rear-ended By A Tailgating Driver?

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Proving Fault and Getting a Settlement After a Tailgating Accident

Law.com Premier Tailgate Accident Attorneys: Trusted Legal Representation for Tailgating Accidents

According to the National Highway Traffic Safety Administration (NHTSA), tailgating is a contributing factor in approximately 21% of all rear-end type accidents on American roads each year. This translates to more than 1.7 million auto collisions annually, making it one of the leading causes of car accidents in the United States.

Tailgating accidents are one of the most common types of car accidents and can have serious consequences. Generally speaking, tailgating occurs when one vehicle follows another too closely, resulting in an accident if the lead driver suddenly stops or changes lanes. Tailgating accidents commonly happen on highways and busy roads during rush hour traffic, although they can occur anywhere. As far as who is at fault in a tailgating accident, it typically depends on the exact circumstances of the incident. Usually, it is considered to be the fault of the trailing driver for not leaving enough room between them and the other vehicle. However, there may be other factors at play as well that could affect liability.

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The specific laws regarding tailgating vary by state. Some common laws about tailgating include:

  1. Minimum following distance: Many states have laws that require drivers to maintain a minimum following distance between their vehicle and the vehicle in front of them. This distance is typically measured in feet or car lengths.
  2. Duty to maintain a safe following distance: In some states, drivers have a duty to maintain a safe following distance regardless of the specific minimum distance required by law. This means that drivers must use their judgment to determine a safe following distance based on the circumstances.
  3. Increased following distance under certain circumstances: Some states also require drivers to increase the following distance under certain circumstances, such as when driving in adverse weather conditions or following a larger vehicle.

It is important to be aware of the specific laws regarding tailgating in your state and to always maintain a safe following distance to help prevent accidents. If you have been involved in a tailgating accident, it is important to seek legal help as soon as possible to protect your rights.

In a car accident caused by tailgating, the driver who was following too closely is generally considered at fault. However, fault in a car accident is determined based on the circumstances of the accident, and there may be other factors that contribute to fault.

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