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Can I Sue Someone Who Was Tailgating and Hit Me?

Posted on December 23, 2024 in Car Accidents

Montgomery County, MD personal injury lawyer While most car accidents could be avoided with enough caution and common sense, the most senseless types of serious car accidents are often caused by tailgating. If you have been injured in an accident caused by another driver’s tailgating, you need a Loudon County, VA personal injury attorney who will help you obtain damages for injuries you sustained in the accident.

Are Tailgating Accidents Common?

Tailgating incidents are becoming far too common across Maryland and Virginia. Tailgating is an aggressive form of driving in which a driver speeds up to follow dangerously close to the vehicle in front. Without an appropriate distance, the car behind cannot stop if the car in front is forced to brake. Tailgating can be a dangerous form of road rage and the cause of a third of all car collisions.

What Are the Laws Regarding Tailgating?

Virginia law states that a vehicle shall not follow another vehicle more closely than is "reasonable and prudent" with regard to the speed of both vehicles, other traffic in the area, and road conditions. The National Safety Council recommends the "three-second rule" for determining a safe distance between vehicles.

Maryland tailgating laws are very similar and also use the "reasonable and prudent" standard. Tailgating can lead to fines, points on a driver’s license, and increased liability in the event of an accident.

It is worth noting that the practice of "brake-checking" a tailgating driver is illegal in both Maryland and Virginia. Brake-checking occurs when the driver in front taps his or her brakes to warn the driver behind that he or she is driving too close.

How Do You Prove the Driver Who Hit You Was Tailgating?

What are your options if you are hit by a negligent, tailgating driver who denies responsibility? If it comes down to your word against the driver’s word, you may need to consider the following:

Witness statements from other drivers
Cell phone video from other drivers or nearby traffic cameras
The police report
Your own medical reports of your injuries

The best way to prove negligence is to contact a highly skilled car accident attorney as quickly as possible. Your attorney will have additional resources, including accident reconstruction, that will help prove your case. Your award of damages, including medical expenses, lost wages, and pain and suffering, hinges on proving negligence on the part of the other driver.

Contact a Montgomery County, MD Car Accident Lawyer

Being involved in a car accident that is not your fault and ending up with serious injuries as a result can be difficult and even traumatic. When you have a Loudon County, VA car accident attorney on your side, you are likely to have a much better outcome.

As a tenacious advocate, Whitlock Law, LLC provides small-firm experience with large-firm resources. Settling because it is easier is never our solution. We have tried more than 100 cases in court, recovering more than $50 million for our clients. Call 301-565-1655 to schedule your free consultation.

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Cases Tried In:

Call Us 301-565-1655

Available 24/7 | Free Consultations

Can I Sue Someone Who Was Tailgating and Hit Me?

Are Tailgating Accidents Common?

What Are the Laws Regarding Tailgating?

How Do You Prove the Driver Who Hit You Was Tailgating?

Contact a Montgomery County, MD Car Accident Lawyer

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