Tailgating is a major problem in Florida and throughout the United States. Every year, a number of people are injured in accidents caused by tailgating drivers. If you have been injured in this type of accident, it is important to seek the help of a skilled Miami injury attorney who can get you the justice and compensation you deserve for your harm. While we aim to settle every case, we are not afraid to vigorously advocate for you in the courtroom if necessary.
Tailgating occurs when one driver follows the vehicle in front of it too closely, almost riding its tail. The National Highway Traffic Safety Administration (NHTSA) classifies tailgating as a form of aggressive driving. Tailgating is a dangerous practice, and failing to keep a safe distance between vehicles can lead to horrific accidents. Some of the top causes of tailgating include road rage, aggressive driving, careless driving, distracted driving, negligent driving, and speeding to a particular destination.
An accident that was caused by a driver following too closely is a preventable one had the driver been more careful. As such, the driver may be considered negligent for failing to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances. As such, what is ‘reasonable’ will vary according to the specific situation. In the context of driving, a prudent person would not follow another vehicle too closely, realizing that maintaining a safe driving distance from vehicles in front of you is a critical part of driver safety.
In order to succeed on a negligence claim, the plaintiff has to establish the following elements: i) the defendant owed the plaintiff a duty of care not to follow his or her vehicle too closely; ii) the defendant breached this duty of care; iii) the defendant’s breach caused the accident; and iv) the plaintiff incurred damages.
If you prevail on your injury claim, you may be entitled to compensation for your costs and losses, such as medical expenses, rehabilitation costs, lost income and benefits, pain and suffering, property damage, and more. The exact amount of compensation a plaintiff may be able to recover will vary according to his or her specific injuries. If you have lost a loved one because of the negligence of a tailgating driver, you may be entitled to wrongful death damages.
If you or someone close to you has been injured because a driver was tailgating, it is important to call a qualified Miami car accident attorney. At the Law Offices of Robert Dixon, our team has helped countless South Florida clients resolve their accident claims, and we can help you as well. We understand the nuances of injury law and will put this knowledge to use in your case. You can rest assured that we will strive to get you the maximum compensation possible under the law. To learn more about your rights and options, feel free to contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
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