Tailgating Accident

Tailgating, or following another vehicle too closely, is a dangerous driving behavior and a common cause of car crashes in New York City. When a driver fails to leave adequate space between their vehicle and traffic ahead, they might not have enough time to react if the vehicle in front of them stops suddenly. That often leads to rear-end collisions, which frequently result in severe injuries.

The New York City personal injury lawyers at The Perecman Firm, have provided assertive legal representation to people injured in accidents – including tailgating-related crashes – for over four decades. We are prepared to aggressively fight for you at the negotiating table or in the courtroom. We aim to get you the fair compensation you need and deserve.

Contact us now for a free consultation to find out more about how we can help you.

New York Law 1129

New York law requires drivers to leave a safe following distance between their vehicle and the vehicle in front of them. Specifically, New York Vehicle and Traffic Law Section 1129 requires drivers to maintain a distance "which shall be reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway."

That means the safe following distance will depend on factors such as the speed you are traveling, the traffic and road conditions, and the size and weight of your vehicle.

Causes of Tailgating Accidents in NYC

Tailgating accidents are common in the heavy traffic that New York City is known for, particularly when vehicles are stopped or moving slowly. In these situations, it can be easy for drivers to get too close to the vehicle in front of them, especially if they are not paying attention or are in a hurry.

Other factors contributing to tailgating accidents include:

• Distracted driving – If a driver is not paying attention to traffic, they may not realize that the vehicle in front of them has stopped or slowed down.
• Impairment – Driving under the influence of alcohol or drugs can slow a driver’s reaction time and increase the risk of a tailgating accident.
• Fatigue – If a driver is tired, they may not be as alert and may not react as quickly to changes in traffic.
• Poor visibility – If a driver can't see the vehicle in front of them clearly, they might not have enough time to react if it stops suddenly.

Common Injuries Suffered in Tailgating Accidents

Some common injuries that victims report after tailgating accidents include:

• Whiplash – A common injury in rear-end collisions, whiplash occurs when the head and neck are thrown forward and backward, straining the neck muscles and ligaments. Symptoms of whiplash often include neck pain and stiffness, headaches, and shoulder and back pain.
• Concussions – A concussion can occur due to a blow to the head or a sudden jolt that causes the brain to strike the inside of the skull. Symptoms of concussions include headaches, dizziness, memory loss, and changes in mood or behavior.
• Fractures – Vehicle occupants involved in tailgating accidents are at particular risk of suffering fractures to the ribs, collarbone, and limbs.
• Lacerations – Lacerations are deep cuts that can be caused by broken glass or other debris in a car accident. Depending on the severity, they may require stitches or other medical treatment.
• Soft tissue injuries – Soft tissue injuries can be caused by the impact of a collision or by being thrown around inside the vehicle. Symptoms of soft tissue injuries may include pain, swelling, and stiffness.

It's essential to seek medical attention after any tailgating car accident, even if you don’t initially think your injuries are severe. Some injuries, such as concussions, may not be immediately apparent. Getting a prompt diagnosis and treatment may be crucial to avoid complications.

Compensation for Injuries Suffered in a Tailgating Accident

If you were injured in a tailgating accident in New York City, you might be eligible to seek compensation for your injuries and other losses. The amount of compensation you’re entitled to will depend on the specific circumstances of your case and the extent of your injuries.

To recover money from another driver at fault for a tailgating accident, you must show that you suffered a “serious injury” as defined by New York Insurance Law. In most cases, the driver who rear-ends another vehicle will be considered at fault because it is their responsibility to maintain a safe following distance. However, other factors may contribute to the accident, such as distracted driving or impairment, which could affect the compensation you can recover.

In general, if someone else’s carelessness caused a tailgating crash that caused your serious injuries, you could potentially seek compensation for:

• Costs of medical treatment and rehabilitation of your crash-related injuries, including ER and hospital bills, medical bills for follow-up care from your primary care physician, surgeries, pain medications, or physical and occupational therapy
• Long-term care expenses if you suffer permanent disabilities due to your injuries, which may include home health services, wheelchairs, and other mobility aids, or renovations to your home to accommodate your disabilities
• Loss of wages or income, if you miss work during your recovery from the accident
• Loss of earning capacity or employment and retirement benefits, if you are permanently disabled and cannot return to the workforce after the incident
• Physical pain and emotional distress from the accident, your injuries, and your subsequent medical recovery
• Loss of enjoyment and quality of life because of disabilities or visible scarring/disfigurement that interferes with your daily activities

What To Do If You Were Injured in a Tailgating Accident

If you were injured in a tailgating accident in New York, there are several steps you should take to protect your rights and your health:

• Seek medical attention. It's important to get medical attention as soon as possible.
• Call the police. The police will create a report that could provide crucial information for any insurance or legal claim.
• Document the crash scene. If you can, take pictures of the damage to your vehicle and the surrounding area, and any visible injuries you sustained.
• Contact a New York City car accident attorney. If you were injured in the accident, contact our experienced personal injury attorneys to discuss your legal options.

How Our Lawyers Help Victims of Tailgating Crashes in NYC

If you suffered severe injuries in a tailgating crash in New York, the NYC car accident lawyers of The Perecman Firm, are here to help. We have a track record of successful verdicts and settlements, including more than half a billion dollars recovered for our deserving clients. We are ready to put our considerable skills and resources to work for you when you contact us to discuss your case in a free consultation.