Tailgating is a significant issue in Texas and elsewhere. You cannot ever go too far from home without seeing other drivers following you or others around you too closely. This behavior is one of the main causes of rear-end auto collisions. Such collisions can leave victims with injuries that may affect them for the rest of their lives.
If you were in an accident with a person who was riding your rear bumper and you suffered injuries in the event, you may have legal recourse. Tailgating is often viewed as a form of driver negligence. Establishing negligence, among other things, is what your attorney must do to successfully litigate a personal injury claim in civil court.
Elements of liability
When hurt in a rear-end collision, it is understandable that you would want to seek compensation for your losses. Regardless of how you go about it, to achieve maximum relief it is necessary to show certain elements of liability exist in your case. These elements are:
- The other driver had a duty to exercise care.
- The other driver breached the duty of care.
- There is evidence that you suffered injuries because of breach of duty.
- Documented damages exist because of the event.
When it comes to the duty to exercise care, every person who gets behind the wheel of a car has this responsibility. That element is usually easy to prove. Tailgating qualifies as a breach of care as it is both negligent and illegal. This, too, can be easy to prove with the help of police and witness reports. Finally, you should have documentation of injuries and damages associated with those injuries, both in medical and your personal records.
After an accident
After an accident, your main focus should be on getting the medical care you need. When you are ready, then you can take the steps necessary to seek compensation for your losses. You may be able to do this by negotiating directly with the responsible party’s insurance provider or you may have to take the matter to court. While most personal injury cases reach a resolution out of court, sometimes litigation cannot be avoided, and that is okay.
If you are suffering because of injuries sustained in an accident with someone following you too closely, seeking relief for your losses is your right. Legal counsel can help you fight for fair and full compensation.