In Las Vegas, drivers are expected to maintain a safe distance from one another. When a driver follows too closely behind another car, it is known as tailgating. This is a dangerous practice that can interfere with a driver’s ability to stop in time to avoid a car accident. If you get involved in a tailgating crash, you may qualify for financial compensation from the other driver’s car insurance company. A Las Vegas auto accident lawyer can explain your legal options.
What Is Tailgating?
Keeping a safe following distance is an expectation that is placed on all motor vehicle drivers in Nevada. According to Nevada Revised Statutes § 484B.127(1), “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” A distance that is “reasonable and prudent” depends on the circumstances. However, the general rule of thumb is to keep at least three seconds of space between the front of one vehicle and the back of another in normal conditions, and to increase this distance in dangerous conditions, such as bad weather or poor visibility. If a driver carelessly or recklessly follows the car in front of them too closely, this is a traffic infraction. Tailgating can be unintentional or intentional. When someone tailgates another vehicle unintentionally, it may be due to driver distraction or inattention. When done intentionally, tailgating is often part of aggressive or road rage driving.
Who Is Responsible for a Tailgating Accident in Las Vegas?
Collecting financial compensation after a tailgating accident in Las Vegas takes an understanding of the fault and liability laws that apply to your case, starting with Nevada’s “at-fault” car insurance system. Under this rule, the person or party at fault for causing a car accident is who is responsible for paying for the damages. With this law in place, it is necessary to determine who caused an accident before an injured victim can file an insurance claim. Most often, the driver that is doing the tailgating will be held liable, or legally and financially responsible. This is because it is the following driver’s responsibility to maintain a safe following distance and pay attention to the road. However, there are exceptions to this rule that could make liability more complicated.
What to Do After a Tailgating Accident in Las Vegas
The burden of proving fault rests with you as the injured party during an insurance claim or, if your case has to go to trial, a Las Vegas personal injury lawsuit against a tailgating driver. This means you need to take steps to build your case against the tailgater from the beginning. If you can, here’s what to do:
- Check yourself for injuries and go to the nearest hospital for medical care without delay.
- Try to remain calm and don’t engage in arguments with the other driver. Do not admit fault.
- Call the police to report the accident right away.
- Gather information from the scene, including driver and eyewitness information.
- Take photographs of the road, your injuries and all damaged property.
- Contact your insurance provider to report the car accident.
- If you believe the other driver is at fault for tailgating, file a claim with their insurance company.
- Don’t accept an insurance settlement until you’ve spoken to an attorney.
A tailgating crash can result in serious injuries, including whiplash, broken bones and head injuries. Hiring an attorney can ensure that you are treated fairly during your insurance claim and receive the financial compensation you need to move forward. If you were recently injured in a tailgating crash in Las Vegas or Clark County, contact Koch & Brim, LLP to request a free consultation with our experienced and knowledgeable car accident attorneys.