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Most drivers have had the unsettling experience of looking in their rearview mirrors and seeing the car behind them following too closely. This dangerous driving behavior is known as tailgating and can quickly lead to a rear-end crash. In fact, statistics show tailgating is a contributing factor in one-third of all car accidents. 

Tailgating may be intentional or unintentional. However, regardless of the root cause, tailgating can result in catastrophic injuries or even fatalities. If you or a loved one has been injured in a tailgating auto accident, you may be entitled to receive compensation for your losses. 

Schedule a free consultation with Mike Morse’s Michigan car accident attorneys so we can help you with your tailgating accident case. We charge NO FEES until we win your case. Email us or call 855-MIKE-WINS to schedule a free case consultation. 

What is Tailgating?

Tailgating occurs when drivers fail to keep a reasonably safe distance from the vehicle directly ahead. When taking driver’s ed and learning how to drive, we’re taught the safe following distance we should maintain at a reasonable speed. Unfortunately, drivers tend to forget or ignore these important rules of the road over time. 

Increasing the distance between your car and the vehicle in front of you can save lives. After all, stopping suddenly isn’t limited to approaching intersections or spotting a stop sign. For safety’s sake, you can give yourself the time needed to recognize an unexpected hazard and respond to it. 

When calculating the space between two vehicles, highway engineers use time rather than distance. Take the following steps to determine whether you’re following a vehicle at a safe distance, simply by counting:

  1. Choose a fixed point such as a tree or sign
  2. Note when the vehicle in front of you passes that marker
  3. Count how many seconds (1-1000; 2-1000) it takes for you to pass that same point

Follow these recommendations to find your safe following distance:

  • 3 seconds: It’s recommended to maintain a space cushion of at least 3 seconds when driving during the day when weather and road conditions are clear
  • 6 seconds: When visibility is reduced due to poor weather conditions such as rain or light snow, you should increase your following distance to at least 6 seconds
  • 10 seconds: If road and/or weather conditions are extreme (perhaps ice, snow, fog, or heavy rain), the distance should be increased to approximately 10 seconds

Reasons Why Drivers Tailgate

It’s each individual driver’s responsibility to drive safely and obey the posted speed limits. Drivers may tailgate when they want the person in front of them to go faster. This increases the chance of a rear-end crash.

Unfortunately, there are many reasons why Michigan drivers might choose to tailgate including:

    • Distracted drivers: Motorists who are texting, talking on the phone, changing the radio station, and engaging in other forms of distracted driving
    • Overconfidence drivers: Those who think they have the split-second reflexes needed to control the outcome of any scenario that happens on the road
    • Aggressive drivers: These individuals may be angry about other aspects of their lives and take their frustration out on those they share the road with 
    • Self-important drivers: People who are perhaps running late may place their need to reach their destination ahead of the well-being of others
  • Reckless drivers: Reckless drivers may get a thrill out of intentionally tailgating, speeding, and engaging in other high-risk activities on the road

Determining Liability After Rear-End Collisions

One of the first questions asked after any car accident may be: Whose fault was it? 

And the short answer is: When car crashes involve rear-end collisions, the person who was tailgating or following too closely is usually determined to be the at-fault driver. 

On the other hand, there are some exceptions. For example, if the lead driver intentionally cuts off the vehicle behind or was “brake-checking,” this could be considered reckless driving. Reckless behavior, impaired driving, and other such factors could pin the liability on the lead driver.

Michigan is a no-fault insurance state. This means that all parties involved in the automobile accident should receive a settlement for medical bills and lost wages, regardless of who is at fault. 

Unfortunately, recovering compensation after rear-end crashes is not always as easy as it should be. Insurance companies may deny your claim or try to get you to settle for an amount that is far less than what your claim is actually worth. 

The personal injury attorneys at Mike Morse Law Firm know how to investigate rear-end crashes and gather the evidence needed to determine fault. When building a solid case on your behalf, our attorneys will do all it takes.

We may:

  • Speak to witnesses
  • View traffic cam or surveillance footage
  • Obtain police reports, or;
  • Hire accident reconstructionists or other experts 

The following four main elements are necessary when building a rear-end car accident case:

  • Duty: You must show that the other driver owed you a duty of care to drive responsibly
  • Breach: It must be shown that the other driver failed to meet this duty by tailgating or following too closely 
  • Causation: You must provide evidence that you were injured in the car crash as a result of the other driver’s breach of duty
  • Damages: You need to offer medical records and other evidence of your physical and emotional injuries that were a direct result of the motor vehicle accident

Recovering Compensation After Your Michigan Car Accident

Tackling a legal claim yourself can be risky. If you were seriously injured in a Michigan rear-end crash, it is recommended to hire an experienced personal injury lawyer to represent you. 

With expert help, you will be more likely to accurately calculate your losses, gather the necessary paperwork, meet the required deadlines, and negotiate with the company successfully. The lawyers at Mike Morse Law Firm can get you there.

Your personal injury attorney may be able to help you recover compensation for:

Why not trust your claim to the skilled lawyers at Michigan’s largest personal injury firm, Mike Morse Law Firm? Our legal team understands your goal to get your life back. We know how to get you the compensation you need to achieve that goal. And we will fight to maximize the final sum so you can get the medical care and peace of mind you need. 

Schedule a Free Consultation With a Michigan Tailgating Accident Lawyer

Car crashes are no fun. You deserve justice and compensation for the pain you’re going through. If you or a loved one is recovering from a tailgating collision, the lawyers of Mike Morse Law Firm are here to help. 

Our legal team is committed to helping the victims of rear-end collisions and other types of car accidents obtain the justice they deserve. With our lawyers on your side, you can be sure that you won’t be financially taken advantage of by negligent drivers and insurance companies. We can protect you and your rights.

Don’t wait until it is too late to recover compensation for your losses – contact us today and put our expertise to work for you. We have been representing clients in Michigan for over 25 years, and our successful settlements and reviews speak for themselves. Click here to read what some of our clients have to say. 

The members of our firm believe that financial concerns should never prevent you from obtaining the legal advice and representation you need after a serious motor vehicle accident. Our legal team represents clients on a contingency fee basis. You pay NO FEES until we win.

Schedule your free case review with a Michigan tailgating car accident attorney today. Call or email us anytime at 855-MIKE-WINS.


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