When you are involved in a tailgating car accident, the process of proving liability can be difficult. Tailgating is dangerous for everyone who drives on the roadway due to the unpredictability of the traffic patterns. If you were a victim in a car accident involving tailgating, you need to know how to proceed in order to obtain fair compensation.

If you want to pursue a personal injury lawsuit for your injuries and other damages, the following information may be helpful to you.

What Constitutes Tailgating When Driving?

Tailgating occurs when one driver follows too closely behind another driver, which increases the likelihood of the tailgating driver colliding into the back of the other driver's vehicle if he or she suddenly presses the brake pedal. A tailgating accident is always dangerous, but it is even more so in high traffic areas or behind a large truck or another vehicle.

A driver may tailgate another vehicle for any number of reasons. The reason could be due to lack of experience behind the wheel. Another possibility is the driver is in a rush and attempting to get around the vehicle in front. Other drivers may deal with road rage and drive aggressively to get the other driver to speed up.

Some people tailgate to prevent another car from getting between the two cars. This is dangerous, particularly because the behavior is not only tailgating, but it also blocks a third driver from getting into the lane of traffic.

The inability to merge on part of the third vehicle poses even more risk as he or she could be in danger by remaining in his or her current lane. Forcing a driver to remain in a lane and not allow the driver to merge can result in a different accident due to the tailgater's reluctance to allow the driver in front.

No matter the reason, a driver who tailgates another vehicle can cause a major accident for all cars in the immediate area.

How Do You Determine Liability in a Tailgating Accident?

The first step in determining liability is determining how the accident happened. The blame for the accident could go in either direction. For example, if a driver is tailgating another car and the other car had to suddenly brake to avoid an obstacle in the road, the tailgater would likely be solely liable for the accident and resulting damages.

However, if the driver who is in front of a tailgater suddenly hits the brakes out of frustration from the other driver following too close, he or she could be found liable for the accident.

One thing to remember is that Pennsylvania is a no-fault insurance coverage state. This means that in Pennsylvania, your insurance company has to cover your damages despite who is at fault for the accident. Your payout is usually determined by your policy's coverage. However, you do have the option to opt out of the no-fault coverage when you purchase your insurance policy in Pennsylvania.

You can opt to file a personal injury lawsuit if your insurance coverage and subsequent payout does not sufficiently cover your losses. If you choose to move forward with a lawsuit, you have the burden of proof to show the other party was liable for your accident.

If you wish to discuss your accident case, please contact us at Clearfield & Associates. We will work with you to gather the evidence necessary to build a solid case to help you get the compensation you deserve for your accident. Talk to us about your personal injury case and get the professional legal assistance you need.