Tailgating, as anyone who’s been through a defensive driving class knows, is incredibly dangerous. No matter the reason, following other vehicles too closely on the roadway is a recipe for disaster. If you or a loved one sustains an injury or property damage as a result of a tailgating driver, you may need assistance from a car accident attorney in Phoenix, AZ who can walk you through your options and help you secure the compensation you are entitled to.
How to Determine Liability After a Tailgating Incident
In Arizona, drivers are expected to maintain a safe following distance to avoid accidents. Tailgating is often considered negligent behavior, as it leaves little time for a driver to react if the vehicle in front stops suddenly. In most cases, the vehicle operator who rear-ends the other vehicle is presumed to be at fault, but there are situations where liability may be disputed.
To determine liability after a tailgating accident, several factors will be considered:
- Traffic laws. Arizona law requires that drivers follow other vehicles at a safe distance, taking into account speed, road conditions, and traffic flow. If the driver who rear-ended your vehicle was tailgating, they may have violated Arizona’s ARS § 28-730 statute, which regulates safe following distances.
- Witness statements. Eyewitnesses who saw the accident or observed the other driver’s tailgating behavior can provide testimony to support your claim. Witnesses may include other drivers, passengers, or bystanders.
- Police reports. If law enforcement responded to the scene, the police report may include details about the tailgating driver’s behavior and whether they were cited for violating traffic laws. This report can be valuable evidence in establishing fault.
- Traffic camera footage. In some cases, traffic cameras or surveillance cameras from nearby businesses may capture footage of the accident. This video evidence can provide clear proof of the other driver’s tailgating and failure to maintain a safe distance.
By gathering evidence, your attorney can build a strong case to demonstrate that the other driver’s tailgating caused the accident and your resulting injuries.
How Soon Do You Need to File a Tailgating Accident Claim?
Arizona has specific deadlines, known as the statute of limitations, for filing personal injury claims. In most cases, you have two years from the date of the accident to file a claim for compensation. If you fail to file within this time frame, you may lose your right to pursue compensation.
However, it is essential to act quickly, as evidence can become harder to gather over time, and witnesses’ memories may fade. Additionally, dealing with insurance companies and negotiating settlements can be a time-consuming process. Working with an experienced attorney early in the process can help ensure that your claim is filed on time and that you have the best chance of recovering fair compensation.
Contact an Arizona Car Accident Attorney Today
If you or a loved one has been injured in a tailgating accident, navigating the legal process can be overwhelming. At Sargon Law Group, we have the experience and resources to help you recover the compensation you need to move forward after an accident. Reach out to one of our Phoenix personal injury lawyers by filling out our contact form or calling (623) 552-2571 for a free consultation.