Tailgating Car Accident Lawyers
Even if you’re a careful and responsible driver, not all drivers follow the same ideals. Sometimes, other motorists may get too close for comfort. In slow-moving traffic, the gap between your car and the one in front or behind you tends to shrink. Following too closely, or tailgating, is a leading factor in many Kansas traffic accidents. It’s essential that drivers stay vigilant and maintain a safe distance to keep our roads safer for everyone.
If you or somebody close to you has sustained an injury in a tailgating collision, you may be entitled to financial restitution to cover damages and losses. Car accident victims usually suffer physical harm and extreme financial ramifications, including medical bills, having to repair property damage, and lost earnings from missed time working. Don’t allow yourself to bear the financial brunt of somebody else’s reckless actions.
Tailgating accident cases come with complex logistical and legal elements, leaving most victims overwhelmed. This is why it’s vital to contact a trusted tailgating accident lawyer in Kansas.
Bretz Injury Law is your advocate in pursuing the justice you rightfully deserve, ensuring you have the support and confidence you need to navigate this challenging situation. Our accomplished legal team has successfully represented and recovered fair compensation for injured victims in Kansas for over 30 years. We will fearlessly fight for your rights as you focus on recovery.
contact us at 620-RESULTS to book a no-cost initial consultation today.
What Does It Mean to Tailgate?
Tailgating refers to the act of a driver following another car too closely, leaving little to no space between their vehicle and the car ahead of them. In such instances, stopping to prevent a crash is not guaranteed and will likely result in an accident. Unfortunately, driving close behind another car is a widespread and dangerous driving practice in Kansas.
When a driver does not give ample space between their car and the car ahead, they increase the chances of a rear-end crash. In fact, tailgating is the leading cause of rear-end collisions and the most common type of car accident. The Kansas Highway Patrol reported that four out of every 10 accidents are related to rear-end collisions, often because somebody is driving too closely.
Is Tailgating Illegal in Kansas?
Yes! Under the Kansas Statutes Annotated Section 10.01.047, following too closely is illegal, and all drivers are obliged to trail other cars in traffic at a ‘reasonable and prudent’ distance, taking into account the speed of such vehicles, the traffic flow, environmental conditions, and the state of the road. This traffic offense can result in substantial fines and other license-related consequences.
The 2-Second Interval Rule To Avoid Tailgating
As a driver, you have a legal duty to engage in safe driving practices, including maintaining a reasonable distance between vehicles. A safe following distance depends on various factors, including visibility and road conditions. To measure the safe following distance, refer to the Kansas Driving Handbook on the 2-second interval rule.
With this principle, a driver should put a minimum of two seconds of distance between their car and the one ahead of them. Select an object or establishment near the roadside, such as a telephone pole, signpost, or building. As the car in front of you passes, start counting. “One thousand one, one thousand two.” If you get to the object or establishment before you are done counting, know you are following too close to the car ahead.
How Tailgating Causes Accidents
Unsurprisingly, some drivers presume they are in complete control when behind the wheel, even when they drive too closely to others. However, situations and conditions can change in the blink of an eye, leaving the driver with very little time to react. This is often the case in tailgating car wrecks in Kansas.
Tailgating is not just dangerous; it’s a common cause of accidents in Kansas and throughout the country. When a driver tailgates, they don’t leave enough space to stop safely if traffic suddenly comes to a halt. Moreover, tailgating can significantly slow a motorist’s reaction time and affect their perception.
Take this scenario, for example:
You are at the Kellogg and Webb intersection in Wichita or the intersection of 29th and Auburn Road in Topeka and are in slow-moving traffic. You may be running late for a meeting or appointment. The slow-moving traffic flow is frustrating every motorist. There’s a sudden break in traffic, and you step on the gas to escape the jam. You don’t want to give space for another car to cut in ahead of you, so you follow closely behind the leading vehicle.
In an instance, the leading car comes to a halt or slows down, and you have little time to think, much less react. This delay will force you to crash with the leading car’s rear end. You were the one driving dangerously close, and, in most circumstances, you will be held liable for the crash.
Following another car too closely isn’t necessarily caused by somebody being intentionally careless; it may be a result of a stressful commute or other outside factors. Regardless, tailgating is against the law. The responsible driver will be liable for damages when somebody is hurt in a tailgating car accident. At Bretz Injury Law, our skilled Kansas car accident attorneys understand state tailgating laws and will help you recover compensation for losses and injuries.
What You Should Do if You’re Being Tailgated
If another driver is tailgating you, it can help to take the appropriate actions to protect yourself and other road users. Be sure to remain calm and don’t engage in any aggressive behaviors or maneuvers. Doing so could worsen the situation. If you’re being tailgated, you should employ effective measures to avoid a rear-end crash.
Here are some of the things you should do:
- Remain calm and maintain your current speed instead of slowing down or speeding up.
- Maintain your focus on the road.
- Allow the tailgater to pass you.
- Avoid brake checking.
- Do not provoke the tailgater.
- After the tailgater has passed, don’t tailgate them and maintain the 2-second interval.
- Call the police if the driver is being dangerously aggressive.
What Are the Most Common Causes of Tailgating in Kansas?
Most rear-end collisions happen when a driver is tailgating. Tailgating accidents are the most frequent type of car accident in the U.S. It is crucial to know the common causes of tailgating auto accidents and take appropriate measures to refrain from them.
Aggressive Driving
Aggressive drivers employ tailgating tactics to intimidate the driver ahead of them. The aggressive driver may also make gestures, shout, flash headlights, or signal the driver to get out of the way. Aggressive driving tactics and behaviors can lead to rear-end collisions.
Driving Under the Influence
Driving under the influence of an intoxicating substance impairs the driver’s judgment and decision-making ability. This significantly slows down the driver’s reaction time, making it hard to prevent a rear-end crash with the car in front of them.
Distracted Driving
Distracted drivers may not notice they are following too close to the car ahead of them until it is too late to react. They may be distracted by their phones, car stereos, or talking to a passenger in the vehicle, not realizing they are tailgating. For instance, reading or sending a message on your phone takes around five seconds. This is way past the 2-second interval rule, which means the chances of a rear-end collision are incredibly high.
Driver Fatigue
Fatigued driving is similar to driving under the influence and is as dangerous. Drowsiness can significantly affect your ability to drive, which increases the likelihood of a rear-end collision.
Fatigue can cause driver errors related to distance and speed, as the driver will lag and be unable to make fast decisions. This can make it impossible to react to unforeseen situations, such as the front vehicle suddenly slowing down or stopping. In many instances, the tired driver won’t have time to hit the brakes and avoid colliding with the vehicle ahead of them, resulting in high-speed crashes. These collisions can lead to excessive medical costs, lost earnings, emotional and physical pain and suffering, and more.
If you have suffered an injury due to the careless actions of another motorist, our tailgating car accident lawyers can help prove fault and alleviate the financial burden and mental distress you may be undergoing. Since 1997, we’ve been dedicated to helping car accident victims and their loved ones fight for their rights and recover the compensation they deserve.
What Injuries Are Caused by Tailgating Accidents?
People usually gauge the seriousness of an accident by the level of vehicular damage. But there’s more to a crash than the damage to the vehicles. Our bodies are far more fragile than vehicles, so even a seemingly minor accident that doesn’t cause damage to your car can result in injuries. Tailgating car accidents can lead to devastating injuries or, in the worst cases, even wrongful death.
Bretz Injury Law has witnessed many car accident victims bear the financial and emotional burden of somebody else’s negligent actions. We will make sure to hold the tailgating driver responsible for your medical bills, lost earnings, and emotional distress. Our legal team has assisted tailgating car accident victims in recouping compensation for the following injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Herniated disks
- Fractures and broken bones
- Nerve damage
- Back or neck injuries
- Arm, hand, and wrist injuries
- Facial lacerations
Contact Experienced Tailgating Car Accident Lawyers for Help
Tailgating car accidents aren’t as straightforward as you may assume. The tailgater may try to deny fault by claiming the leading car brake checked to cause the accident intentionally or to ‘retaliate’ against the driver behind them. If they prove you contributed to the crash in some way, your accident claim may be decreased in value or voided.
Don’t speak with the claims adjuster before calling Bretz Injury Law. Our team of Kansas tailgating car accident lawyers will handle everything so you don’t make statements that may affect the case outcome. Our legal team will communicate with the insurance companies and oversee the negotiations. We are not afraid to go to trial and will move to court if necessary.
If you or somebody close to you has been harmed in a rear-end accident caused by tailgating, our legal advocates can help protect your rights. We believe you shouldn’t be left with the financial burden of somebody else’s recklessness. Contact Bretz Injury Law today at 620-RESULTS or complete our contact online form to book a free, no-obligation case review.