How To Prove Tailgating Caused Your Accident

Driving too closely behind another vehicle, also called tailgating, is one of the leading causes of rear-end collisions. These accidents happen when the front of a vehicle crashes into the back of another vehicle. Often, these accidents occur because the driver behind cannot stop in time when traffic suddenly slows or stops.

If you have been injured in a rear-end accident in Florida, you can file a claim against the driver who was tailgating you and seek compensation. However, before you can recover compensation, you must prove liability. In this article, we discuss how to prove tailgating caused your Florida accident.

Understanding Florida’s Law on Tailgating

According to Florida Statutes section 316.0895, drivers are not supposed to follow other drivers more closely than is reasonable and prudent. Motorists must maintain enough distance to stop safely based on speed, traffic flow, and road conditions. A recommended rule is to stay at least three seconds behind the vehicle in front of you. This is known as the “three-second rule.”

After a rear-end accident in Florida, the law assumes that the rear driver is at fault. However, this is not to say that the lead driver is never to blame after a rear-end collision. The presumption that the rear driver is at fault can be challenged if the front driver acted unpredictably. That is why having strong evidence showing that the other driver was following too closely is vital for your case.

How To Prove Tailgating Caused Your Collision

Strong evidence is the key to proving that your rear-end accident happened because the rear driver was following too closely. Here are some of the pieces of evidence you can use to prove your claim;

Video Footage

Video evidence is one of the strongest tools for proving that tailgating caused your accident. Footage from your dashcam, other vehicles’ dashcams, security cameras, surveillance cameras, or traffic cameras can clearly show how closely the other driver was following you before the accident. Video footage can show the rear driver’s reaction time when traffic slowed or stopped.

Pictures From the Accident Scene

If you took photos at the accident scene, these images can provide crucial information. For example, the lack of skid marks or short skid marks can show that the driver did not have enough distance to react, suggesting tailgating.

Witness Statements

People may have seen the other driver following your vehicle too closely. Eyewitness testimony can be invaluable in your case. The witness could be a pedestrian, a driver in another car, a cyclist, or even a passenger in your own vehicle.

The Police Report and Citations

If the police responded to your accident, ensure you get a copy of the report they prepared after conducting a preliminary investigation at the scene. The police report may include critical information, such as the vehicles’ positions, statements from the other driver, and statements from witnesses. This document can support your claim that the other driver was tailgating. The officer may also have issued a citation to the other driver for following too closely. A citation can be crucial evidence.

Contact Us for Legal Help

If you have been injured in a rear-end accident because the other driver was tailgating, contact an experienced Fort Lauderdale car accident attorney at The Pendas Law Firm for help gathering evidence and building a strong case.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Daytona Beach, Bradenton, Fort Myers, West Palm Beach, Tampa, Jacksonville, Miami, Naples, and Melbourne areas.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.0895.html