One of the most frustrating experiences that a driver may encounter on the roadway is another driver who engages in tailgating.
This activity involves following the car in front of you too closely, often at a dangerous distance. This is especially true when tailgating occurs on the highway, where cars are traveling at a high speed. If something happens suddenly, the tailgating vehicle may be unable to stop in time to avoid colliding with the preceding car. In many cases, these crashes involve three or more cars and result in severe injuries.
At the Law Offices of Matt Uhrig, our Columbia car accident attorney is prepared to help you bring a personal injury claim against a driver who caused your injuries in a tailgating accident.
Bringing a Personal Injury Claim Based on a Tailgating Accident
Negligence claims involve proving four separate and equally important elements.
The first element consists of showing that the defendant owed the plaintiff a certain level of care. In general, drivers have a duty to operate their vehicles with reasonable care and skill. This includes obeying any regulations that apply, including laws against reckless driving, speed limits, and requirements regarding the right of way.
If a plaintiff can show that the other driver failed to comply with a traffic law or statute at the time that the accident occurred, the plaintiff probably will be able to establish that the defendant used inadequate care. This is the second element, known as a breach. A plaintiff also may prove that the defendant breached the standard of care by showing that a reasonable driver would have acted differently when faced with a similar situation. Some common causes of tailgating crashes include distracted driving, like talking on a cell phone or texting, as well as intoxicated driving and road rage.
Next, the plaintiff must show that the other driver’s failure to use the appropriate care was the direct cause of the collision and the resulting injuries. Many defendants argue in car crash cases that the plaintiff’s own negligence was either partially or totally to blame for the accident. This strategy may reduce or in some cases even eliminate a plaintiff’s compensation, so it is important to enlist a knowledgeable personal injury lawyer who can show that you were not at fault.
Any damages award is typically based on the evidence that the plaintiff provides, including documentation of medical bills, surgeries, physical therapy, lost wages, lost earning capacity, property damage, and any other expenses that are the direct result of the accident. Compensation for subjective forms of harm like pain and suffering also may be sought.
Enlist a Tenacious Car Accident Attorney
If you have been injured in a tailgating accident or another motor vehicle collision, experienced Columbia car accident lawyer Matt Uhrig is ready to help you fight for the justice that you deserve.
Offering a free consultation, he can explain your legal options and how we may be able to assist you in pursuing compensation. We serve injured individuals and families throughout Missouri, including in Jefferson City and Ashland. Call us at 573-657-2050 or contact us online to arrange an appointment with a motor vehicle collision attorney.