Tailgating causes hundreds of car accidents every single year in the State of Florida. It can be infuriating when you were driving safely, but someone else’s tailgating caused a car accident.
If you sustained an injury or any other damages in a car accident caused by another driver who was tailgating you, then you should consider filing a personal injury claim. The Florida Highway Safety and Motor Vehicles (FHSMV) reported that there were up to 400,000 car accidents in the year 2019, and tailgating is one of the leading causes.
At The Law Place, we have over seventy-five years of collective experience and knowledge in recovering compensation on behalf of clients who have been involved in tailgating car accidents in St. Petersburg and all over the State of Florida. Our law firm has a reputation for success in many practice areas, especially tailgating car accidents.
If you are looking for a car accident lawyer who will fight for fair compensation, then you have come to the right place. Our law firm will provide you with the support and guidance that you need, along with managing your case and filling you in every step of the way. Call our office today to speak to a car accident lawyer, in which they will discuss the facts of your case and answer all of your questions. Phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place to schedule a free consultation today, and a car accident lawyer will recover the compensation that you deserve following a tailgating car accident in St. Petersburg.
The Definition of Tailgating in St. Petersburg, FL.
Tailgating is known as driving closely behind another motor vehicle and leaving little space in between. Tailgating is very unsafe, and it has the potential to result in a number of different serious injuries.
The U.S. Department of Transport and the National Highway Traffic Safety Administration (NHTSA) set the guidelines for the amount of space that drivers must leave between their motor vehicles. The guideline states that there must be at least one car between two cars per 10 miles per hour of speed. If there are adverse weather conditions (like heavy snow, ice, or rain), then the distance increases to at least two cars between each motor vehicle. The guidelines are set in place to protect each and every driver on the road. It is important to leave sufficient space and reaction time in case of another car making an unprecedented turn or maneuver. Good judgment and common sense have to be employed in these types of situations, but it is up to the police officer to decide whether the driver should be issued a traffic ticket or not.
If you were involved in a rear-end collision as a result of being tailgated, then it is most likely the driver behind you that is at fault, and they must be held responsible for their actions, especially if you suffered an injury. You should think about speaking to a car accident attorney from The Law Place following a tailgating car accident. We can set up a free consultation now, in which a car accident attorney will ask you a few questions that will aid them in determining whether you have a valid case in St. Petersburg.
Florida Traffic Code in St. Petersburg, FL.
Following a motor vehicle too closely from behind is classed as a moving violation in the State of Florida.
Florida Statute 316.0895 explains that the driver of a motor vehicle should not follow another vehicle more closely than is reasonable.
You have most likely heard of the “three-second rule” (which is called the four-second rule at times), even if you are not familiar with the Florida traffic code. The “three-second rule” simply means that a driver has to stay at least three seconds behind the motor vehicle that is ahead of them. The rule is generally easy to follow, and it ensures that every driver maintains a safe distance between each other in order to avoid a rear-end collision.
Common Reasons Why Drivers Tailgate in St. Petersburg, FL.
The National Highway Traffic Safety Administration (NHTSA) claims that tailgating is one of the most aggressive and reckless forms of driving. It is completely unnecessary, and it is also very dangerous to drive in such a way, especially when it can lead to serious injury and damage. The most common reasons for drivers to tailgate are:
- Speeding.
- Road rage.
- Reckless driving.
- Drunk driving.
- Distracted driving.
- Careless driving.
- Aggressive driving.
- Thoughtless driving.
- Uncertain driving.
- Lack of focus driving.
There is truly no excuse for a driver to tailgate another motor vehicle on the road, especially if they are aware of the potential danger and harm that it can cause. If you have been involved in a car accident caused by tailgating, then we strongly advise that you seek legal advice from a law firm that you can trust. It is imperative that you contact a car accident lawyer from The Law Place, as they will be able to offer you clear advice and guidance to help you in your current situation in St. Petersburg.
Determining Liability After a Tailgating Car Accident in St. Petersburg, FL.
If you were hurt by a driver who tailgated you in St. Petersburg, then it is the driver at the back who will be presumed to be at fault. Most car accidents that involve tailgating can be prevented, as all that drivers need to do is operate their motor vehicles in a safe manner. A reasonable driver will remember to leave enough space in between themselves and the motor vehicles in front of them, especially during dangerous weather conditions or hazardous roads.
A car accident lawyer from The Law Place will have to prove negligence following a car accident by establishing:
- The duty of care – Each and every driver has a duty of care to take the necessary measures to ensure the safety of themselves, other road users, and pedestrians under Florida law.
- The duty of care was breached – If a driver is reckless or tailgates another motor vehicle, then they have breached their duty of care by not taking the necessary measures to ensure the safety of themselves, other road users, and pedestrians under Florida law.
- The breach of duty of care caused the car accident – The actions of the driver and the fact that they breached their duty of care led to the car accident.
- The car accident led to damages – The car accident caused by the driver led to damages that you suffered. Damages might include medical bills, property damage, pain and suffering, lost wages, and much more. You will need a car accident attorney with skills and resources to help you prove the extent of your damages and evaluate the amount of compensation that you could be owed.
Common Injuries Caused in a Tailgating Car Accident in St. Petersburg, FL.
When you have been hit but another driver who followed you too closely, then you might have suffered a number of different injuries. The severity of an injury will ultimately depend on the speed, size, and weight of the motor vehicles involved in the car accident in St. Petersburg.
The most common types of injuries sustained in a tailgating car accident tend to include:
- Cuts and lacerations.
- Burns and scars.
- Whiplash.
- Broken bones.
- Spinal cord injury.
- Facial disfigurement.
- Head injuries and concussions.
- Traumatic brain injury.
Compensation Available Following a Tailgating Car Accident in St. Petersburg, FL.
There are a number of different types of compensation that you could be owed following a tailgating car accident in St. Petersburg. A car accident will often result in an array of damages, but the most common types of damages that you should be able to make a claim for include:
- Medical bills – Following a tailgating car accident, you will most likely have a stack of medical bills to pay. This will include the costs of surgery, hospitalization, visits to the doctor, prescription medication, physical therapy, rehabilitation, and much more.
- Lost wages – If you had to take time off work in order to recover from your injury, then you are entitled to claim for a loss of wages. This includes the loss of past, present, and future wages or any changes that have been made since the tailgating car accident.
- Property damage – Any type of car accident will cause damage to your motor vehicle, which means that you are entitled to claim the cost of repair or replacement. In a tailgating car accident, your rear-end bumper will most likely have suffered the most damage.
- Pain and suffering – It’s completely understandable that you might be feeling forms of physical pain, mental anguish, and emotional trauma since the tailgating car accident. Pain and suffering will cause a reduction in your quality of life, and it might even prevent you from performing your usual activities.
- Wrongful death – It is unfortunate when a severe tailgating car accident leads to the death of a loved one. In the event that you have endured the loss of someone you love, then you could be entitled to claim financial relief to cover funeral costs, medical bills, pain and suffering, lost wages, property damage, and more. The laws on wrongful death are written in Florida Statute 768.21.
If you or someone you love were injured in a tailgating car accident, then you could be entitled to claim for damages in St. Petersburg. If you do not know whether or not you have a valid case, then do not hesitate to pick up your phone and speak to a car accident attorney from The Law Place today. We can offer you a free consultation in which a car accident attorney will explain the process of filing a personal injury claim.
The Statute of Limitations for Tailgating Car Accidents in St. Petersburg, FL.
Every person who has sustained damages in a tailgating car accident is given up to four years to file a personal injury claim according to the statute of limitations in the State of Florida. If someone they love was killed in a tailgating car accident, then they are given up to two years from the date of their loved one’s death to file a wrongful death claim.
If they miss the deadline to file a personal injury claim, then the court will dismiss their case altogether.
Contact The Law Place Today in St. Petersburg, FL.
If you or a loved one were injured in a car accident caused by another driver tailgating, then you could be entitled to receive compensation under Florida law. It is important that you hire a car accident attorney to file a personal injury claim on your behalf and hold the at-fault driver accountable for their careless actions.
At The Law Place, we have over seventy-five years of combined experience when it comes to protecting the legal rights of clients who have been involved in tailgating car accidents in St. Petersburg and throughout the State of Florida. Our law firm has successfully filed hundreds of personal injury claims over the years, and we know that we can help you to recover the compensation that you are owed.
If you are seeking legal advice, then pick up your phone to speak to one of our car accident lawyers today. Our law firm will handle every aspect of your case and fill you in every step of the way. Rest assured that we will work hard to win the maximum amount of compensation for your case while you take the necessary time that you need to heal from your injury.
Contact The Law Place to schedule a free consultation today, and a car accident lawyer will recover the compensation that you deserve following a tailgating car accident in St. Petersburg.
