An incredible 1.7 million rear-end collisions occur in the United States every year. They tragically cause close to 1,700 deaths and 500,000 injuries annually. Tailgating is a primary cause of these rear-end collisions. A tailgating driver simply does not have enough time to stop.
What should you do if you have been rear ended? Who is at fault legally? There is a common perception that the driver in back in a rear-end collision is always responsible. While this is often the case, you must still prove liability. You must also prove the nature and amount of your damages. Proving that the driver tailgated you just before the accident is a crucial fact that will help you win your case.
This is where Berenson Injury Law can help. Our attorney has close to 40 years of experience investigating and proving these cases. He meticulously analysis the rear-end crash and your resulting injuries to help you try to recover the maximum possible damages.What an Injury Lawyer Needs to Prove
Factors that affect stop time and distance include:
- Weight of the vehicle. The heavier your vehicle, the longer the distance you need to stop. Therefore an SUV or a pickup truck takes longer to stop than a smaller car.
- Speed. Under ideal conditions, a driver needs an average of 89 feet to go from 30mph to zero, but needs 439 feet to slow from 80mph to a complete stop.
- Weather. Tires cannot grip the pavement when the road surface becomes slick with rain and ice. Under inclement weather conditions, the vehicle will skid before stopping, requiring longer braking time.
- Brake or tire maintenance. Worn brake pads and threadbare tires negatively affect stop time.
- Driver’s state of mind. Is the driver behind you texting? Is he drunk? Or maybe he is sleep deprived? Distraction, alcohol and fatigue compromise the driver’s ability to react quickly and effectively to avert an accident. The delayed reaction substantially increases braking distance.
Many things happen to successfully stop an automobile. First the driver must detect the danger and move her foot from the gas pedal to the brake. Reaction time must be added to the calculation. Next the brakes, wheels, steering and engine must work in coordination to bring the vehicle to a quick stop. This takes time, even for an alert driver who is travelling the speed limit in a well-maintained vehicle on good roads.
Tailgating is dangerous under the best conditions. But conditions are rarely perfect and obstacles in the road are not expected.Technology Helps Avoid Rear-End Collisions
Some newer models of cars include sensors and alert systems that can warn a driver who is getting too close to the car in front. Some vehicles can even apply the brakes if the driver fails to do so. These collision avoidance systems are effective but can be cost prohibitive for many drivers. If this technology were required in all vehicles, 80 percent of rear-end collision related deaths and injuries could be avoided.Schedule Your Free Consultation With our Dallas Auto Accident Lawyer Today
You are entitled to damages if a tailgating driver ran into you. Schedule an appointment with our experienced Fort Worth Dallas auto accident lawyer to discuss your rear-end collision claim. Your first consultation is free and your case is handled pursuant to our contingency fee plan where you owe no fee or expenses unless you recover money.