According to data from the National Highway Traffic Safety Administration, 23 percent of accidents are rear-end collisions, the majority of which are caused by tailgating. Rear-end accidents contribute to 950,000 injuries and up to 2,000 fatalities every year. These types of accidents are especially dangerous for motorcyclists, who have little protection in accidents and can be thrown from their bikes due to the force of the impact.
The number of injuries and fatalities from rear-end accidents is shocking, considering that one of the easiest ways to avoid a rear-end collision is to avoid tailgating. This simple change in driving behavior could save lives, and yet some drivers continue to put motorcyclists at risk by engaging in this reckless behavior.
At OnderLaw, we know that if you’ve been seriously injured in a tailgating accident, you are hurting both physically and financially. The medical bills haven’t stopped, you may be out of work due to your injury, and it’s all because a negligent driver wasn’t using due caution.
The experienced legal team at OnderLaw can help. Our St. Louis tailgating motorcycle accident lawyers strive to work with you to build a solid case from facts and evidence in order to get you the compensation you deserve. You may be legally entitled to damages that will cover your medical expenses and pain and suffering. You don’t have to be at the mercy of a reckless driver’s insurance company; call our office for a consultation today.
The act of tailgating is defined as following too closely behind another driver. Driving too closely behind another driver means that there is not enough time to stop without causing an accident if the vehicle ahead must stop suddenly.
The Missouri Department of Revenue offers a safe driving guidebook that reminds drivers to always follow at a safe distance. They recommend using the “three-second rule” as a way to measure safe driving distance. It suggests that a driver choose an object near the road ahead of them, and as the vehicle ahead passes that object count “one thousand one, one thousand two, one thousand three.” If you reach the same object before you finish counting, you are too close.
It is also important to remember that safe driving distances may vary depending on road and weather conditions.
In general, rear-end collisions are considered one of the “safer” types of accidents. While rear-end crashes can cause serious injuries, typically, they are seen as nothing more than fender benders where the drivers exchange information and continue on their way. That couldn’t be farther from reality when it comes to rear-end or tailgating collisions involving motorcyclists.
With motorcycle riders being much more exposed, they can suffer tremendous damage as a result of a tailgating accident. Hitting a motorcyclist from behind with enough force can cause the rider to fly free from the bike and hit the ground. If there are other drivers on the road, the rider may even hit the vehicle directly ahead of them instead of the pavement.
It is also possible for a motorcycle driver to become pinned in between two vehicles if the car that was tailgating hits with enough force. In a tailgating crash with a motorcyclist, whiplash is typically the least of the injuries.
Injuries resulting from tailgating and rear-end collisions involving motorcyclists tend to be severe, sometimes life-threatening. Even when a rider is wearing the proper safety gear, the force of a sudden impact from behind can cause catastrophic damage.
Some of the more common injuries that can result from this type of accident include:
Injuries this serious can require extensive time in the hospital, not to mention months and sometimes years’ worth of physical or rehabilitation therapy. The costs of treatment can quickly skyrocket, overwhelming a victim and creating a sense of anxiety and stress, two things that do not help aid in the recovery process.
In addition to dealing with the financial strain of paying for medical expenses for the injuries, many riders are unable to return to work right away. Not only do victims have bills to pay, but many times, they may not have the income they need to pay for the medical care they need.
The goal of the legal team at OnderLaw is to work to get tailgating crash victims the compensation they need to cover their expenses. A tailgating accident caused by a negligent driver shouldn’t ruin you financially.
Calculating the amount of damages that a victim may be entitled to can be difficult. There are a variety of factors that contribute to tailgating accidents, and these factors may influence the amount of compensation a victim is entitled to. That is why it is a good idea to have an experienced personal injury attorney on your side. A legal team can advise you of what you can expect in the way of compensation after a thorough review of the facts surrounding your case.
One of the factors that impact the amount of compensation a victim may receive is a Missouri rule known as “pure comparative fault.” In Missouri, when it comes to awarding damages in a car accident case, the amount of damages a victim may receive is reduced by the same percentage as their level of fault for causing the accident.
What does that mean in practice? If you were involved in a tailgating accident with a car and a jury determined that you were 10 percent at fault for causing that accident, you would be awarded the full amount of damages minus 10 percent.
Pure comparative fault states like Missouri differ from some other modified comparative fault states in that if the other party is found to be any percent responsible for your accident, you will be able to recover some amount of money.
That means that if a jury found that a driver was 95 percent at fault for an accident, they would be able to recover 5 percent of the total damages. However, that does not absolve them from having to answer for 95 percent of the other driver’s damages since the accident was a majority of their fault.
As you can see, there are a number of factors that must be taken into consideration when determining financial compensation. What most people want to know is what their compensation may cover. Here are some of the more common types of compensation you may be entitled to:
This still may not cover all the forms of compensation you may be able to recover after a tailgating accident. A seasoned attorney with OnderLaw can review the circumstances of your case, go over all the facts, and give you a clearer picture of what you may be able to receive according to your own personal situation.
To an insurance company, you are just another claim to resolve. At OnderLaw, you are more than a client. We pride ourselves on treating everyone as an individual, with compassion and respect. We want to see you and your family get the justice and compensation you need.
At OnderLaw, we know that you may be suffering physically, emotionally, and financially. Fighting with a negligent driver’s insurance company may be causing you undue stress as you try to navigate the recovery process and keep up with the bills. If you are worried about getting the short end of the stick following a tailgating accident, trust your instincts and get an experienced lawyer on your side.
At OnderLaw, we will work with you to gather the facts, investigate the accident, and build a strong case. We want to hold reckless drivers accountable for their actions and make sure their insurance company isn’t going to shortchange you. If you’ve been seriously injured in a tailgating accident, you deserve compensation.
Our dedicated team of St. Louis tailgating motorcycle accident lawyers work tirelessly to ensure that you are getting the justice you deserve and the compensation you are legally entitled to. Tailgating is dangerous driving behavior – don’t let a negligent and dangerous driver come between you and your health and livelihood. Get maximum compensation by contacting a lawyer today. We’ll help you understand your rights and legal options. Call to schedule a free, no-obligation consultation.
