Whether due to impatience or inexperience, drivers sometimes follow too closely behind other traffic. This is illegal under California law and can lead to serious tailgating accidents. If another driver caused a rear-end collision while tailgating you, you could be entitled to financial compensation. But first, you must prove your personal injury claim. A car accident lawyer in Sacramento can help you gather evidence and present a convincing case for the money you deserve.
What Does California Law Say About Tailgating?
California Vehicle Code 21703 defines tailgating as following another vehicle closer than is “reasonable and prudent” without giving proper consideration to traffic and road conditions. The law does not define what “reasonable and prudent” means, so decisions are made on a case-by-case basis.
Factors that could influence a charge of tailgating could include:
- The rear driver’s attentiveness
- The braking capacity of both vehicles
- The distance between the two vehicles
- Whether the front vehicle stopped suddenly
- Road surfaces that could impact traction
Regardless of the reason, tailgating is a traffic infraction and punishable by fines and license points. The at-fault driver could face more serious consequences if their actions cause a crash that leads to severe injuries.
Proving Tailgating After a Crash
Evidence that could prove the rear driver was tailgating before an accident includes:
- Pictures of the accident – Photos from the accident scene can document vehicle damage, skid marks, glass patterns, and your visible injuries. These images can support your case to show the likely sequence of events and their impact on you.
- Video recordings – Video footage from dashcams or CCTV may have captured the car crash in real time, showing that the at-fault driver was following too closely.
- Witness statements – Eyewitnesses can corroborate other evidence and back up claims of tailgating.
- Medical records – Medical documentation regarding your injuries and medical treatment can connect your injuries to the tailgating accident.
Why Proving Fault Is Key to Fair Compensation
Determining tailgating accident fault is critical as it establishes liability and who is responsible for your injuries and related losses. Tailgating is typically considered a form of negligence, and negligent drivers can be financially liable for the injuries they cause. If you successfully prove the other driver’s fault, you can recover compensation for your medical bills, lost wages, pain and suffering, and other personal and financial costs.
Don’t Face the Aftermath Alone: Get Help From a Sacramento Tailgating Injury Attorney
If you suffered injuries from a tailgating accident in Sacramento, consult a car accident lawyer immediately. Demas Law Group has a proven track record of successful settlements and verdicts for motor vehicle accidents. We can help you investigate the crash and gather evidence to prove the other driver was tailgating. We can also represent you during insurance proceedings and initiate formal litigation if going to court could provide a better outcome.
Contact our offices online or call today for a free consultation with a car accident lawyer in Sacramento.