Home » Causes of Truck Accidents » Following Too Closely (Tailgating)

Tailgating happens when a truck driver follows another vehicle too closely. This can include driving right behind cars, not leaving enough space between vehicles, or not adjusting the following distance for road conditions.

Given the size and weight of trucks, even a small mistake in judging distance can lead to serious accidents. Tailgating affects the truck driver's ability to stop quickly when traffic slows down, making crashes more likely to happen.

Rules and laws tell truck drivers to keep a safe distance from other vehicles to make roads safer. These rules include the Federal Motor Carrier Safety Regulations, state traffic laws, and guidelines in the Commercial Driver's License (CDL) Manual.

However, even with these rules, tailgating is still a big reason for accidents involving large trucks, including semi-trucks, big rigs, and 18-wheelers.

After a crash caused by a truck tailgating driver, the truck accident lawyers at Shunnarah Truck Accident Lawyers can help. We will look at your case, tell you what you can do, and work hard to get you the money you deserve.

For a free case review and legal consultation from a truck accident lawyer who knows the industry, please call us at (205) 957-4995 or contact us online to learn more.

Types of Accidents that Tailgating Truck Drivers Frequently Cause

Tailgating by truck drivers often leads to severe accidents. Because trucks are so big and heavy, these crashes can be extremely serious.

ere are the main types of accidents that happen when truck drivers tailgate:

• Rear-End Collisions: When a truck follows too closely, the driver might not have enough time to stop if the car in front slows down or stops suddenly. These crashes can crush smaller cars and hurt people badly.
• Multi-Vehicle Pile-Ups: When a truck rear-ends a car, it can push that car into other vehicles. This can cause a chain reaction, leading to a crash involving many cars. These accidents often hurt lots of people.
• Underride Accidents: If a truck is following too closely and the car in front stops quickly, the truck might not be able to stop in time. The car could end up going under the truck's trailer. These accidents are often deadly for people in the smaller car.
• Jackknife Accidents: When a truck driver has to brake hard to avoid hitting a car they're tailgating, it can cause the trailer to swing out to the side. These accidents can block many lanes of traffic and hurt people in nearby cars.
• Rollover Accidents: If a truck driver swerves to avoid hitting a car they're tailgating, it can cause the truck to tip over. Rollover accidents are very dangerous and can hurt both the truck driver and other people on the road.
• Sideswipe Accidents: Sometimes, when trying to avoid rear-ending a car, a tailgating truck driver might swerve into another lane. This can cause the truck to hit cars in the next lane, leading to sideswipe accidents.

Common Injuries in Tailgating Truck Crashes

Truck accidents caused by tailgating can lead to very bad injuries because of the vehicles' size.

Here are the injuries that often happen in these crashes:

• Whiplash: Whiplash happens when your head jerks back and forth quickly. It can cause neck pain, headaches, and dizziness. Whiplash can last for a long time and make it hard to do normal activities. Even though it's often seen as a minor injury, whiplash can lead to chronic pain and reduced mobility, affecting your quality of life for months or even years.
• Back Injuries: The force of a truck hitting your car can hurt your back. This might include slipped discs, spinal cord injuries, or other back problems. These injuries can cause long-lasting pain and might need surgery to fix. Back injuries can be particularly debilitating, often requiring extensive physical therapy and potentially leading to permanent disability in severe cases.
• Head Injuries: In a crash, you might hit your head on parts of your car. This can cause concussions or traumatic brain injuries. These injuries can affect your thinking, memory, and ability to do everyday tasks. The effects of head injuries can be long-lasting and may not be immediately apparent, potentially leading to cognitive issues, personality changes, or even permanent brain damage.
• Broken Bones: The strong force of a truck crash can easily break bones. This might include arms, legs, ribs, or other bones. Broken bones can take a long time to heal and might need surgery. Compound fractures, where the bone breaks through the skin, are particularly serious and may require multiple surgeries and a long recovery period.
• Cuts and Bruises: While less serious, cuts from broken glass or bruises from hitting parts of your car can still be painful and take time to heal. In some cases, deep cuts may lead to significant blood loss or leave permanent scars.
• Internal Injuries: The force of a crash can hurt organs inside your body. These injuries might not be visible right away, but they can be very serious. Internal bleeding or damage to organs like the liver, spleen, or kidneys can be life-threatening if not detected and treated quickly. These injuries often require immediate surgery and extensive medical care.

These injuries often need a lot of medical care and can stop you from working or doing normal activities. Getting help from a truck accident lawyer is important to make sure you get money to cover your medical bills and other costs.

How to Prove that a Truck Driver Tailgated When They Caused Your Accident

• Witness Statements: People who saw the accident might have noticed the truck tailgating. Their statements can help support your case. Witnesses can provide unbiased accounts of the truck's behavior before the crash, including how closely it was following your vehicle.
• Camera Footage: If there are traffic cameras or dashcams that caught the accident, this can show how close the truck was following. Video evidence can be very powerful in proving tailgating, as it provides a visual record of the truck's distance from your vehicle in the moments leading up to the crash.
• Skid Marks: Long skid marks on the road can show that the truck driver had to brake hard because they were too close to your car. Experts can analyze the length and pattern of skid marks to determine the truck's speed and stopping distance, which can indicate tailgating.
• Damage to Vehicles: The way the vehicles were damaged can show how the accident happened and if tailgating was involved. The location and extent of damage can often reveal the angle and force of impact, which can support a claim of tailgating.
• Truck's Black Box: Many trucks have a device that records things like speed and braking. This information can show if the driver was following too closely. The black box data can provide precise details about the truck's speed, brake application, and following distance in the moments before the crash.

A truck accident lawyer can help gather this proof and use it to show that the truck driver's tailgating caused your accident.

Settling or Litigating a Tailgating Truck Accident Case

After a tailgating truck accident, you may settle your case or take it to court. Here's what you should know:

• Settlement: This means you agree to take money from the truck driver's insurance company to end your case. Settling can be faster and less stressful than going to court. Our truck accident lawyers will help you decide if the settlement offer is fair based on your injuries and losses.
• Litigation: This means taking your case to court. It can take longer and be more stressful, but sometimes, it's needed to get fair money for your injuries. Litigation involves filing a lawsuit, going through the discovery process, and possibly having a trial.
• Negotiation: Our truck accident lawyers will talk with the insurance company to try to get you a fair amount of money. We'll use the proof we've gathered to show why you deserve compensation. Negotiations can go back and forth several times before reaching an agreement.
• Mediation: Sometimes, you and the truck driver's insurance company might meet with a neutral person to try to agree on a fair amount of money. This neutral person, called a mediator, helps both sides communicate and find a solution. Mediation can be less formal than a trial.
• Trial: If you can't agree on a fair settlement, your case might go to trial. A judge or jury will then decide if you should get money and how much. Trials can be unpredictable and take several days or even weeks, depending on the case's complexity.
• Appeals: After a trial, either side might be able to ask a higher court to look at the case again if they think there were mistakes. Appeals can extend the legal process but might be necessary to ensure a fair outcome. The appeals court reviews the case for legal errors, not new evidence.

Our truck accident attorneys can help you decide whether to settle or go to court. We'll work to get you the most money possible for your injuries and other losses.

Recovering Compensation Following a Tailgating Truck Accident

After a tailgating truck accident, you might recover money to pay for your losses.

Here are the main types of compensation you might get:

• Medical Expenses: This covers your hospital bills, doctor visits, medicines, and any future medical care you might need. It includes costs for surgeries, physical therapy, medical equipment, and even home modifications if your injuries require them. Keep all your medical bills and records to help prove these expenses.
• Lost Wages: If you couldn't work because of your injuries, you can get money for the pay you lost. You might also get money for future lost wages if you can't go back to your old job. This can include salary, bonuses, benefits, and even lost business opportunities if you're self-employed.
• Pain and Suffering: This is money for the physical pain and emotional stress caused by the accident and your injuries. It's meant to compensate you for the discomfort, anguish, and trauma you've experienced. The amount often depends on how severe and long-lasting your injuries are.
• Property Damage: This covers fixing or replacing your car and any other things that were damaged in the crash. It can include the cost of a rental car while yours is being repaired. Make sure to document all damage with photos and keep repair estimates and receipts.
• Emotional Distress: You might get money for mental health problems caused by the accident, like anxiety or depression. This can cover the costs of therapy, medication, and compensation for your psychological suffering. Keeping a journal of your mental state after the accident can help prove this.
• Loss of Enjoyment of Life: If your injuries stop you from doing things you used to enjoy, you might get money for this loss. This could include hobbies, sports, or social activities you can no longer participate in. It's meant to compensate you for the decrease in your quality of life.
• Loss of Consortium: Your spouse might get money if your injuries have hurt your relationship. This covers the loss of companionship, affection, and intimacy. It recognizes that serious injuries can affect not just the victim but their family relationships too.

The amount of money you can get depends on how serious your injuries are, how they affect your life, and other factors. Our truck accident lawyers can help you try to get all the money you deserve for your losses.

Speak With an Experienced Truck Accident Attorney Today

If you got hurt in a tailgating truck accident, act fast. The knowledgeable truck accident lawyers at Shunnarah Truck Accident Lawyers can handle your whole case and work to get you the most money possible.

For a free case review and legal consultation from a skilled truck accident lawyer, please call us at (205) 957-4995 or contact us online for more information.