Tailgating accidents aren’t uncommon by any means, especially in Cleveland, Ohio. However, there are still many misconceptions about these types of accidents. Who is at fault when someone rear-ends my car? How can I seek compensation for my accident? If you have been injured in a tailgating car accident in Cleveland, Ohio, a car accident lawyer can answer these questions and more, all while preparing a case that could help you receive the compensation you deserve for your injuries.
What is Tailgating?
Tailgating is something that many Cleveland, Ohio drivers are guilty of doing at some point in time. You tailgate by following the vehicle in front of you too closely. Following too closely means that if the car in front were to brake suddenly, the car behind them would not have time to stop and avoid an accident. This is a common cause of rear-end collisions in Cleveland, Ohio.
Throughout many states, the act of tailgating is a traffic violation, and insurance companies, as well as police departments, identify it as careless driving. This means you can have points added to your license, receive traffic tickets, and see an increase in your insurance rates if you were to be caught.
Even though tailgating is one of the most common types of rear-end collisions in Cleveland, Ohio, you may not know how to move forward after getting into an accident that was not your fault. So, what do you do after an accident?
Someone Rear-Ended My Car in Cleveland, Ohio. What Should I Do?
The standard procedure in any car accident is to pull over to a safe spot. However, given the nature of a tailgating car accident, you should exercise caution. If your car is so damaged that you do not believe you can move it safely, you may want to wait until the police arrive at the scene. They can help you move your car or, if they advise against moving, direct traffic around the collision so others on the road will be safe.
In addition to directing traffic, there are other benefits to calling the police to the scene. For one, getting into a car accident can be an extremely stressful situation. Most drivers who follow too closely are doing so because they are aggressive drivers, they were speeding excessively, or they are in a hurry to go to their next destination. After the collision, even if the other driver was at fault, they may be angry and act aggressively toward you. They may even try to get you to accept blame for the accident. Having the police at the scene can defuse the situation and increase the chances that the other driver keeps a clear head.
Once the police arrive, make sure you tell them your account of events, giving as much detail as possible. Exchange information with the other driver, take many photos and ask anyone who pulled over to provide you with their contact information. Then, contact your insurance company.
Someone Rear-Ended My Car! How is Fault Determined?
You’ve probably heard this before: “Someone rear-ended my car, so it’s not my fault”, but this isn’t quite true. If you found yourself in a rear end collision in Cleveland, Ohio, you probably need a car accident lawyer even if you think you’re not at fault.
Partial Liability or Fault
If your car was rear-ended because the person behind you was tailgating, you probably think you’re not at fault at all. However, the other party involved could possibly tell their insurance company or their own car accident lawyer that you are partially responsible for the accident.
In these cases, they argue that the tailgating car accident occurred because you dramatically decreased your speed or stopped unexpectedly for no valid reason. They may also argue that you were “brake checking” or tapping your brakes repeatedly. The best way to defend yourself against these types of accusations is to reach out to an Ohio car accident lawyer who is familiar with tailgating car accidents. Using your testimony, the police report, and statements from any witnesses, your attorney can help you dispute these claims so that you can get the full compensation you deserve.
Contact a Cleveland, Ohio Car Wreck Attorney After a Tailgating Car Accident
If you have been in a rear end collision and the other driver is trying to place the blame on you, you can work with a Cleveland, Ohio lawyer to show your driving was safe and reasonable. Your tailgating car accident lawyer can help you build a strong defense against these types of claims. Contact the Chester Law Group in Cleveland, Ohio to get started on your case with a FREE initial consultation.