West Palm Beach Tailgating Accidents

West Palm Beach drivers are confronted with people who tailgate almost daily. Whether these actions are motivated by lateness or are attempts to intimidate another driver, tailgating is a dangerous, illegal activity while on the road, and it can cause serious or deadly injuries. The West Palm Beach car accident lawyers at Donaldson & Weston assist victims who have been harmed by a driver’s aggressive maneuvers with recovering the compensation that they are entitled to receive. Our firm represents victims in all stages of their legal claims, including the initial investigation into the circumstances surrounding the accident, dealing with insurance companies, and resolving any necessary litigation. If you have been involved in a tailgating accident, contact our office today to speak with an attorney regarding your legal rights and options.

Tailgating on West Palm Beach Roadways

Interstate 95 is known nationally and locally as one of the most dangerous highways. The section that passes through West Palm Beach is no different, with many motorists engaging in unsafe driving practices, such as tailgating. Many tailgating accidents in the area occur during peak travel hours, either before or after work, when drivers are in a hurry to get to their destinations, and more people are on the road.

Tailgating refers to the practice of one driver following another motorist without maintaining a proper distance between them. The National Highway Traffic Safety Administration classifies tailgating as a type of aggressive driving practice. Accidents caused by tailgating can involve additional factors such as road rage, sudden stops, distracted driving, or speeding. Victims of tailgating accidents can suffer serious, life-altering injuries, such as paralysis, traumatic brain injuries, and back or neck injuries, some of which require medical and rehabilitative treatment that could last years or even a lifetime.

Recovering Compensation from Careless or Reckless Drivers

Serious injuries often also come with substantial medical expenses, as well as time away from work in order to recover. As a result, insurance policy limits often are not enough to cover the costs of a victim’s treatment, making legal action against the party responsible necessary. Tailgating accidents are usually results of a driver’s negligent actions behind the wheel. Negligence occurs when an individual breaches the duty to act as a reasonable and prudent person would act given the circumstances, causing another person’s injuries and resulting in damages. A driver who is tailgating another driver, especially in heavy traffic, or who is tailgating a smaller vehicle such as a motorcycle, may cause a rear-end accident, and they would likely be found to have acted unreasonably.

Additionally, other parties may be held accountable for injuries sustained in a tailgating crash. For instance, if a driver is tailgating another vehicle in an effort to make a delivery on time, that driver’s employer may be held vicariously liable because the driver was acting within the scope of their employment at the time. Even victims who are found partly at fault in causing their own injuries, such as a driver who swerves to get away from a tailgating motorist, can still receive compensation in a personal injury lawsuit. In Florida, damages are awarded in proportion to each party’s degree of fault. Therefore, victims who are found 35 percent at fault, for example, can still collect the remainder of the damages incurred from another negligent driver. Damages available to victims may include past and future medical costs, loss of property, lost income, loss of earning capacity, and pain and suffering.

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