Tailgating is an aggressive driving practice whereby one vehicle follows another too closely. When a truck driver tailgates a smaller car, the potential for serious injury or death if an accident occurs is much higher than if two standard sized vehicles are involved. Tailgating may be common, but it is not legal in Florida and it is extremely dangerous. When truck accidents caused by tailgating occur, that driver should be held legally accountable for the harm that results. The Miami truck accident attorneys at the Law Offices of Robert Dixon are dedicated to making sure victims of these types of collisions have full and experienced representation for any necessary legal action. Victims, or families who have lost loved ones, in a truck collision face an uphill battle. Trucking companies have vast resources and a vested interest in avoiding liability. It is important to have a committed legal advocate on your side. Our lawyers assist clients across South Florida, in Miami-Dade, Broward and Palm Beach Counties. If you have questions following a truck accident caused by tailgating, call our office today or contact us online to schedule a free consultation to speak with an attorney and learn more.
Truck Accidents Caused by TailgatingWhen a driver tailgates another, they do not allow enough room between the two vehicles in the event that one of the drivers needs to brake. Trucks need even more stopping distances than other types of cars due to their size. If a truck is tailgating another vehicle, it will not have enough time to stop to avoid a collision if any change in traffic occurs or sudden braking is necessary. The lowered reaction time caused by following another vehicle too closely often leads to rear-end truck accidents caused by tailgating. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions is one of the most common crashes nationwide, accounting for 28 percent of all accidents.
Road rage collisions may also occur as a result of tailgating. Sometimes a lead vehicle will “brake check” another driver who has been tailgating them by slamming on their brakes. This could escalate the situation. In road rage incidents, both drivers could not only injure themselves, but also passengers or others on the road. Victims of these accidents, especially where a truck is involved, may suffer broken bones, permanent brain injury, or paralysis and death. Making sure the party liable for such harm is held legally accountable is vital for these victims’, and families’, recovery.
Liability for Tailgating CollisionsTruck drivers may be encouraged to tailgate another vehicle for a variety of reasons. Some might be impatient with a slower driver on a smaller road or be pressed to make a delivery on time. Either way, tailgating is not an action that is reasonable for any driver to engage in on the road. As such, when a driver tailgates another, and an accident results, the tailgating driver can be held responsible for negligence.
Negligence requires a showing that a defendant has breached a duty of reasonable care owed to another. All motorists are required to act as a reasonable and prudent person would under the same or similar circumstances. When a truck driver, who is entrusted with such a large and potentially deadly vehicle, follows another car dangerously close, that act can be seen as an unreasonable breach. If that breach causes a collision, and another’s injuries, the negligent driver is liable for the damages a victim incurs.
The trucking company may also be held liable. Vicarious liability attaches to an employee’s actions taken within the scope of his or her employment. A negligent driver acting at behest of a company responsible for owning and maintaining the truck, as well as hiring its drivers, would be considered an employee. Once negligence is shown, victims may be awarded compensation for past or future medical costs, as well as lost income or earning capacity related to their injury, and in some cases, pain and suffering.
Contact a Lawyer in MiamiWhen someone’s impatience creates a dangerous situation, that person needs to be held accountable for the harm that results from a truck accident. The attorneys at the Law Offices of Robert Dixon can help you hold the proper parties liable. Our firm has the experience and knowledge to go up against big companies involved in the trucking industry, and we are not afraid to fight for our clients’ rights. Please call our Miami offices at 877.499.4878 or contact us online today to set up a free, no obligation consultation so that we can get started on your claim.