Tailgating accidents are an unfortunately common occurrence on South Carolina roads. These crashes often occur when a driver is following another driver too closely, driving aggressively, or failing to pay attention to the road. In most cases, the individual who was tailgating was in a hurry or simply lacked the patience to drive in a safe manner. Depending on the speed at which the vehicles were traveling, a tailgater may cause a multi-car rear-end collision to occur, leading to substantial injuries and damage for other people involved. Tailgating may also result in especially severe injuries if drivers lose control of their vehicles, slam into medians or other objects, or veer into oncoming traffic. Greenville and Spartanburg car accident attorney Patrick E. Knie has assisted many victims with bringing a personal injury lawsuit for compensation, and we are ready to help you pursue the justice that you deserve.Establishing Liability for a Tailgating Accident
A car accident case is a type of personal injury claim, which requires a plaintiff to show that the defendant failed to use due care. The standard of care is a legal term that encompasses the level of skill that a reasonable person would use when faced with a comparable situation. Applied to driving, this includes obeying any applicable traffic laws and considering issues like inclement weather, heavy traffic, construction zones, or roadway hazards. There are numerous traffic laws, covering issues like speeding, yielding the right of way, and paying adequate attention behind the wheel. Distracted driving is one of the common causes of accidents, and it may be an exacerbating factor when a driver is also tailgating another vehicle. This makes it difficult for them to respond quickly enough to sudden changes in traffic.
Understanding how an accident occurred may be difficult, especially when it is unexpected or occurs at high speeds. An accident reconstructionist may be retained to help recreate the collision and to demonstrate how the defendant failed to use due care, especially if several vehicles were involved. When this happens, there may be more than one driver who was partly at fault. However, a plaintiff still will be able to recover compensation as long as they were not more than 50 percent responsible for the crash. Any compensation award will be reduced according to their degree of fault.
Tailgating accidents may result from a broad range of behaviors, but the most common cause is when another driver is following a vehicle too closely. Under South Carolina law, drivers must maintain a safe following distance at all times, taking into account weather, traffic, and roadway hazards. A safe following distance does not simply mean obeying the speed limit. The South Carolina DMV suggests that drivers maintain a three-to-four second space between their vehicle and the vehicle in front of them. Sudden stops are a common cause of tailgating accidents. If a driver does not leave adequate space between their vehicle and the preceding vehicle, a sudden stop may lead to a serious accident, especially if it occurs on the highway.
After showing that the other driver’s negligence caused your injuries, you should offer evidence supporting your need for the compensation that you are requesting, including any medical expenses like ambulance bills, emergency room charges, medical examinations, and physical therapy. You may also seek compensation for missed paychecks and loss of future earning capacity.Discuss Your Case With a Car Accident Attorney in Spartanburg or Greenville
Car accidents are often sudden, stressful, and disruptive for the victim and their family. Our experienced team of legal professionals has counseled accident victims in Spartanburg and Greenville, as well as throughout Laurens, Union, and Cherokee Counties. We offer a free consultation with a motor vehicle collision lawyer to help you learn about your legal options and how we can help you pursue the judgment or settlement that you deserve. To get started, call us now at (864) 582-5118 or contact us online to set up a free consultation with Attorney Patrick E. Knie.