Tailgating Accident Lawsuits & Compensation
Tailgating is defined as a vehicle that follows too closely to the one in front of them increasing the risk of a rear-end collision. Tailgating may sometimes happen because a driver does not realize they are following the other too closely while other times it is triggered by aggressive driving or road rage.
In Canada more than 170,000 injuries were caused by auto accidents a number of which were caused by aggressive driving habits, with aggressive and reckless driving practices being a serious offense in most provinces.
This type of dangerous driving can lead to tickets, fines, and even jail time. Most commonly this type of driving can lead to a serious car accident and in Canada aggressive driving includes speeding, improper lane change, and tailgating.
Tailgating is a serious issue that can cause injured accident victims to suffer for long periods of time.
Have you or anyone you know been injured in a tailgating accident that was caused by someone else?
Avoiding a Tailgating Accident
When it comes to avoiding a tailgating accident its up to you as a driver to keep yourself safe from tailgaters.
If you happen to come into contact with a motorist who decides to tailgate you, here are some ways to confront the problem.
- If possible move over to the next lane, Canadian traffic laws state that any vehicle driving slower than the normal speed of traffic should remain in the right lane unless they:
- Intend to overtake another vehicle travelling in the same direction
- Are a service vehicle
- Intend to make a left hand turn at an intersection or onto a private road/driveway
Do you have legal questions about an accident caused by tailgating? We can help.
- Set your pride aside, by failing to move over you could madden the tailgater causing their aggressive driving to intensify.
- Do not engage the tailgater by shouting, making gestures, etc. Road rage is another common cause of car crashes.
- If it is possible to speed up without going over the speed limit or putting other motorists in danger, consider doing so in order to get more space between both vehicles. However, if the driver is being very aggressive they may speed up as well.
- If possible consider making the next right turn to rid yourself of the tailgater.
- Know your local laws. In some areas you may be able to signal the vehicle behind you to pass while or may be able to signal someone else by flashing your high beams that you intend to pass them.
- Do not pump your brakes or suddenly slow down. In Ontario slowing down abruptly could signal the intent to block another driver from passing which could be considered stunt driving. Stunt driving can result in multiple fines, license suspension, car impoundment, and more.
- Find an alternate route. If you commonly find yourself in a tailgating dilemma, it may be time to switch your driving route. Oftentimes tailgating occurs during peak driving hours and on the highway.
Tailgating Timing Rules
When dealing with other vehicles there is a particular time limit to use in order to allow enough room between yourself and the other vehicle. The rules may vary on the conditions, but here are three common timing indicators:
2-Second Rule: Drivers should pick a fixed point to measure 2 seconds worth of distance between your car and the one in front of you, your car should reach that fixed point two seconds after the vehicle in front of you initially did.
4-Second Rule: If it is raining or the roads are slick drivers should double up on the two second rule and allow your vehicle to reach the fixed point four seconds after the car in front of you did.
10-Second Rule: Mainly used for bad weather driving, cars should maintain a 10 second width between themselves and the car in front of them to allow for additional stopping space on roads that may be iced or if it is snowing.
Some experts believe a 3-second rule should be used, but in the end a motorist should allow the driving distance they are most comfortable with, the minimum being the 2-second rule.
Contact an Auto Accident Lawyer
Tailgating accidents are often preventable, unfortunately many drivers fall victim to other aggressive drivers that cause rear-end collisions.
At Greg Monforton and Partners, our Windsor auto accident lawyers have been helping clients involved in auto accidents for more than 30 years. Our knowledgeable lawyers are ready to assist you, or anyone you know, who has been injured in a tailgating accident.
Our lawyers have the expertise needed to guide you through the entire litigation process and are ready to fight for your rights. Our main office is located in Windsor, Ontario and we also proudly serve clients in the following areas:
- And more local cities and towns
You can also contact us online by filing out the free case review form at the top right hand corner of this page Its 100% free and confidential.
Greg Monforton & Partners