Every driver in Texas has a responsibility to drive prudently and in accordance with all relevant traffic laws. This includes the law to prevent tailgating, which requires all drivers to maintain a safe distance from each other. If you get involved in a tailgating accident with another driver in San Antonio, you may be eligible for financial compensation. A car accident lawyer in San Antonio can help you seek justice, if necessary.
What Is a Tailgating Car Accident?
“Tailgating” is the colloquial term for one vehicle following another too closely. If a driver does not maintain a safe and reasonable following distance, either carelessly or intentionally, the two cars may come too close together and ultimately collide.
Tailgating can make it impossible for a driver to stop his or her vehicle in time to avoid crashing into the other car. This can cause rear-end collisions, override accidents, chain reaction accidents and multi-vehicle pileups.
What Is an Appropriate Following Distance?
Texas has a specific law on following distance: Transportation Code § 545.062. This law states: “An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.”
This law does not give an exact amount of space that is considered safe or reasonable. Instead, it leaves what is a safe distance up to the vehicle operator based on the circumstances. If a reasonable and prudent driver would have left more space between the front of his or her vehicle and the back of another car, the driver involved in the accident may be guilty of following too closely or tailgating.
Who Is At Fault for a Tailgating Car Accident?
In the majority of tailgating accident cases, the rear driver – the one who was following too closely – is considered to be at fault. It is generally the responsibility of the rear driver to maintain a safe following distance and speed to avoid crashing into the back of another car.
It is also the rear driver’s duty not to drive distracted and to watch for changing roadway situations, such as the front driver hitting the brakes. However, there are exceptions in special circumstances. If the front driver makes a sudden or unexpected stop for no reason – such as to “brake-check” the rear driver in a fit of road rage – he or she could be found partially at fault.
If the front driver experienced a mechanical failure, such as broken taillights or brake lights, this could also place fault for a tailgating accident with that driver. Finally, if dangerous road conditions such as a pothole contributed to the crash, the government in charge of road safety could be held responsible.
How a Tailgating Accident Attorney in San Antonio Can Help
Hiring a car accident lawyer in San Antonio to represent you during a tailgating car accident case can provide numerous benefits. It can improve the outcome of your case while allowing you the peace of mind to focus on healing from your injuries.
Your lawyer can investigate the tailgating accident, collect evidence of another driver’s fault, file your insurance claim, hire qualified experts and take over insurance settlement negotiations on your behalf to fight for maximum compensation.
To learn more about a specific tailgating accident case in San Antonio, contact Hill Law Firm Accident & Injury Attorneys for a free consultation.