Tailgating in California, and everywhere else, is not only distracting and irritating to the driver being followed too closely, it is very dangerous. Tailgating is a contributing cause in more than one third of all motor vehicle accidents, according to research by the Highways Agency. If you are one of the many people injured in California tailgating accidents every year, it is important to seek the aid of a skilled accident attorney who will recover the compensation you deserve.
Tailgating is defined by California Vehicle Code section 21703 as following another vehicle “more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of the roadway.” Most driving manuals recommend keeping a distance of one car length for every ten miles per hour of speed. That will allow a safe stopping distance should the car in front suddenly brake. Anyone who has driven on California’s congested highways knows that in a heavy and fast flow of traffic, an aggressive driver from another lane will quickly fill a six car-length gap at 60 mph. That means the six length space is quickly shortened. How close is too close? The phrase “more closely than is reasonable and prudent” seems to be rather vague and open to interpretation.
To be ticketed for tailgating in California in two factors must be true.
1. There was another vehicle in the same lane as you
2. You were following the vehicle more closely than reasonable, given the road conditions.
In the case of a police officer issuing a summons for tailgating there is much subjectivity involved. However in the case of a rear end collision it is generally assumed that the car that was following was at fault but it is rebuttable in some cases. If the driver of the vehicle that struck another from behind was not distracted, it is generally assumed he was traveling to closely to stop in time.
The National Highway Traffic Safety Administration classifies tailgating as a form of aggressive driving. It is a dangerous practice and the cause of some of the most horrific highway crashes. When it involves a larger vehicle such as a semi-truck and a smaller vehicle the results can be catastrophic. Some of the reasons drivers tailgate are aggressive driving, road rage, careless driving, distracted driving, and speeding.
Proving Negligence in a Tailgating Accident
Had the driver behaved in a safer manner the accident would have been preventable. The driver of the tailgating vehicle therefore may be considered negligent for failure to exercise reasonable care while driving. Reasonable care is defined by how a sensible driver would act under a similar situation. A person using common sense would not allow a vehicle to follow at an unsafe distance.
For a California tailgating accident case to be successful, four elements must be established:
· A duty of care was owed to the plaintiff by the defendant, not to follow his or her vehicle too closely
· This duty of care was breached by the defendant
· The breach of this duty of care caused the accident
· There were damages incurred by the plaintiff.
In a California tailgating accident injury claim, you may be entitled to compensation for medical bills both past and future, rehabilitation expenses, lost income and benefits, pain and suffering, property damage and more. Depending upon the extent of your injuries the amount of compensatory damages you are entitled to may vary widely. If you lost someone you love in a tailgating accident you may be entitled to wrongful death damages.
If you or a loved one was injured in a tailgating accident, the accident attorneys at Vititoe Law Group are here to help. Our law firm has the resources to reconstruct your accident to determine exactly what happened. Our attorneys have helped countless victims of tailgating drivers to recover the compensation they deserve. Call Vititoe Law Group today to speak with a qualified accident attorney. To learn more about your options and rights in your case call 818-991-8900 for a free consultation.
