While failing to allow a proper following distance is one of the more dangerous violations of traffic safety laws, it remains a common practice that results in a substantial number of serious accidents resulting in severe injury, including traumatic brain injuries, spinal cord injuries, broken bones and fatalities. While most motorist are familiar with the three second rule which involves allowing a buffer of at least three seconds between your car and the vehicle in front of you, this is a general rule of thumb that does not apply in all situations. If you are traveling at a high rate of speed or driving in adverse weather or traffic conditions, most vehicle safety experts would advise an even wider following distance be maintained. The practice of following too closely or tailgating is a common feature of aggressive driving but also may simply be the result of an impatient driver.
While there are a wide range of violations of the Mississippi rules of the road that may constitute serious accident risks, the practice of tailgating poses a particularly unsafe driving practice because of the challenges associated with enforcing compliance. Because estimating appropriate following distance is a highly subjective process, it is difficult for law enforcement authorities to stop and cite drivers for following too closely. This means that most times a citation for tailgating is issued when a crash between vehicles occurs that is caused by failing to follow at a safe distance.
If you are struck from behind by another vehicle when you are stopped and the other car is moving at freeway speed, you can suffer severe life-altering injuries or even the loss of someone you love. Tailgating is a two-pronged traffic safety hazard because it both increases the likelihood of an accident and also increases the potential severity of injuries. The reason that following too closely increases the likelihood of an accident is that a driver has less time to either brake or use evasive steering maneuvers to prevent a collision. The probability of suffering more serious injuries is linked to the fact that drivers may have no opportunity to respond to minimize the impact or may be forced to overcompensate because of the limited time to respond causing them to lose control and rollover or run off the road.
If you are confronted by a tailgating driver, it is never a good idea to antagonize the driver. An agitated or aggressive driver that refuses to allow a safe following distance can quickly become a perpetrator of road rage when antagonized. The best approach is to simply let the other driver pass you to avoid a dangerous confrontation. If a tailgating driver slams into another car, truck or SUV from behind, the tailgating driver usually will be liable because drivers are supposed to allow enough following distance so that they can respond if the flow of traffic abruptly stops.
If you are struck from behind by a driver that is following too close and suffer even minor symptoms, you should seek immediate medical treatment. Many injuries that occur in a rear-end collision, such as whiplash, are not immediately apparent. Even when someone does not notice serious symptoms associated with whiplash following a rear-ender, whiplash can cause disabling pain and limitations on mobility for months. It is also important to make sure that an accident report is prepared by police. The officer will be able to note in the police report that it was a rear-end collision and will typically conclude that the other driver was the at-fault driver. The officer may even issue a citation against the other driver for following too close.
The experienced Mississippi rear-end accident attorneys at Barrett Law, PLLC have successfully represented many injury victims involved in collisions with tailgaters. We are committed to the principle that the practice of law is a service industry so we provide legal representation based on integrity, compassion and diligence. If you or a loved one suffers serious injury or a loved one dies in a tragic Mississippi car accident, we invite you to contact us so that we can evaluate your claim at 662-834-2376.