Tailgating Accident Attorney in Beaumont, CA

Tailgating accidents are a common and often preventable type of collision in Beaumont. Much like rear end accidents, tailgating accidents occur when a driver follows another vehicle too closely, leaving insufficient time to react to sudden stops or changes in traffic flow. 

Common Causes of Tailgating Accidents

Several factors contribute to tailgating accidents, many of which are related to driver behavior:

Impatience

Drivers who are in a rush or frustrated by slower-moving traffic often follow too closely in an attempt to pressure the driver ahead to speed up or change lanes.

Distracted Driving

Drivers who are texting, eating, or otherwise distracted may not pay attention to their distance from the vehicle in front.

Aggressive Driving

Some drivers tailgate as an intentional act of road rage or intimidation, creating a hostile and unsafe driving environment.

Weather Conditions

In poor weather conditions, such as rain, snow, or fog, drivers may underestimate the increased stopping distance required and unintentionally tailgate.

Inexperienced Drivers

New drivers may inadvertently tailgate due to inexperience.

Who is Liable in Tailgating Accidents?

Tailgating is considered negligent behavior. As a result, the rear driver is presumed at fault for rear-end collisions unless there is compelling evidence to suggest otherwise. For example, the lead driver may share or bear full liability if they:

• Brake Check: Intentionally slam on the brakes to provoke the trailing driver.
• Erratic Driving: Swerve, change lanes abruptly, or stop suddenly without reason.
• Vehicle Malfunctions: Drive with malfunctioning brake lights, making it difficult for trailing drivers to react.

If both drivers contributed to the accident, the lead driver for instance, might be 20% at fault for sudden braking, while the tailgating driver is 80% at fault for following too closely. 

California Laws on Tailgating Accidents

Tailgating Law

In California, tailgating is prohibited under California Vehicle Code § 21703. This statute requires drivers to, “not follow another vehicle more closely than is reasonable,” considering the speed of the vehicles, traffic conditions, and road conditions. Violating this statute can result in fines and may establish negligence in an accident claim.

Pure Comparative Fault 

California courts follow a pure comparative fault rule, allowing injured parties to seek compensation even if they are partially to blame for an accident. California Civil Code Section 1714(a) states that individuals are responsible for injuries caused by their lack of, “ordinary care or skill in management of his or her property or person.” 

This section enforces the idea that everyone has a duty to act reasonably to prevent harm to others. As a result, each party’s compensation will be reduced by their degree of fault. For instance, if the lead driver’s damages are $100,000 and they are found 20% to blame, they can recover 80% of their damages or $80,000. 

How a Tailagting Accident Attorney Can Help 

Having an experienced Beaumont accident attorney ensures that every aspect of your claim is handled professionally, allowing you to focus on recovery. They will:

Establishing Fault

An attorney can gather important evidence after the accident such as police reports, eyewitness statements, and dashcam footage to prove the at-fault driver followed too closely.

Calculating Damages

An attorney will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage, ensuring you pursue fair compensation.

Dealing with Insurance Companies

A lawyer will handle all communications, negotiate on your behalf, and protect you from tactics insurers use to minimize compensation.

Building a Strong Case

If fault is disputed or if the at-fault driver claims you contributed to the accident, an attorney can counter these arguments using accident reconstruction experts and legal precedents.

Representation in Court

If negotiations fail, your attorney will represent your injury case in court, presenting a compelling argument to secure the compensation you deserve.