A reliable way of proving that a driver followed you too closely is through camera footage. The recording can prove that the driver was tailgating and, as a result, caused a rear-end collision. However, getting video footage is not always easy. Some cameras delete their recording after some time. Yet, if people witnessed the accident, their testimony can help corroborate your side of the story. Witnesses could include bystanders, law enforcement officials, and passengers.
Even when you don’t have any of the sources mentioned above of evidence, you do not have to prove tailgate in some states- you only need to prove negligence. A case involving a rear-end accident can be complex. If you are hurt in such an accident, our lawyers can help you investigate the case, prove that the driver at fault was tailgating, and pursue compensation for your injuries and damages.
How Do You Prove Negligence in a Car Accident Case?
There are four elements of negligence that you must prove to succeed in a car accident case. These elements include:
- Duty of care: The driver had an obligation to drive their vehicle safely.
- Breach of duty: The other party failed to uphold the duty they owe you by following too close, thus putting other road users at risk of harm.
- Causation: The breach of duty caused an accident where you were hurt.
- Damages: You suffered loss as a result of the incident.
You may not be eligible to recover damages if one of these elements isn’t in your case.
Common Injuries Associated with Tailgating and Rear-End Collisions
If you are involved in an accident caused by a driver following too closely, you can suffer different injuries. Depending on the type and size of the vehicles involved in the crash, these injuries can vary in severity. Some of the injuries you may suffer in such an accident include:
- Head injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Bone fractures
- Cuts and lacerations
Comparative Negligence and Following Too Close
Even when a car follows too closely, it does not mean that they are 100% at fault for the accident. In some instances, you may still hold a portion of fault. However, the other party must prove your contribution to the accident.
In states that use comparative negligence, including Georgia and South Carolina, you can still claim compensation even if you contributed to the accident. Per O.C.G.A. § 51-12-33 and S.C. Code § 15-38-15, your compensation, however, will reflect your percentage of fault in the accident. Consider the following case:
An investigation establishes that the other caused 85 percent of the collision and the remaining 15% was your fault. Suppose your damages are $100,000. Then, according to the doctrine of comparative negligence, you would recover $85,000.
What to Do After a Rear-End Accident
After you were hurt in a rear-end collision, there are certain things you should do. They can protect your health, as well as your right to pursue a financial recovery.
Seek Medical Attention As Soon As You Can
Even if you don’t feel hurt, it is best to seek medical attention. Some injuries manifest for hours or days after the incident.
Collect As Much Information From the Crash Scene As Possible
If you are able to, collect as much information as possible. Take pictures of the scene and your vehicle’s damages, especially at the point of the impact.
Note down the name and the address of the other driver, as well as their insurer’s contact information. If there are witnesses, collect their names and addresses, as their statements may help corroborate your side of the story.
Do Not Admit Fault for the Collision
Whether your state is a no-fault state, the last thing you want to do is admit fault for a collision. Doing so may affect your personal injury case negatively. It is best to let investigators decide the fault before you give any statement regarding the accident.
Call George Sink, P.A. Injury Lawyers, If You Have Been Hurt in an Accident
Suppose you or a loved one has been hurt in a vehicle collision when another driver followed too closely behind your car. In that case, you may be entitled to pursue a personal injury claim against the negligent driver.
Contact George Sink, P.A. Injury Lawyers today for a free consultation with our team. We take car accident cases for a contingency fee*, so there are no fees unless we recover compensation for you.