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In Georgia, tailgating is considered a form of aggressive driving and can lead to penalties for the offending driver. Unfortunately, that does not prevent people from doing this every day. If you were injured in a car accident as a result of tailgating, it is important to become familiar with state laws and your rights.
According to Georgia Code § 40-6-49, the law states that “the driver of a motor 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 roadway.”
Simply put, if a driver follows another vehicle too closely, they can be cited for violating the law.
Georgia also operates under a comparative negligence system, meaning that if a tailgating driver causes an accident, they may be found partially or fully at fault. This determination can affect the compensation awarded to the injured party.
The following elements must typically be demonstrated to determine negligence in a tailgating case:
If these elements are established, the tailgating driver may be responsible for compensating the injured party.
Proving that tailgating occurred in an accident involves gathering evidence from the scene:
Tailgating accidents can lead to a variety of injuries, ranging from minor to severe. One of the most common injuries in rear-end collisions is whiplash, which occurs when the head is suddenly jerked forward and backward, straining the neck muscles. The impact of a tailgating collision can also cause back injuries, like sprains, strains, or more serious conditions such as herniated discs.
In more severe cases, traumatic brain injuries may occur, particularly if the driver or passengers were not wearing seatbelts at the time of the accident. Soft tissue damage to muscles, ligaments, and tendons can also result from the sudden force of a collision. Furthermore, car accident survivors may experience psychological effects, such as emotional distress or anxiety, following the incident.
To reduce the risk of tailgating and associated accidents, drivers should maintain a safe following distance of at least three seconds from the vehicle ahead. We also recommend using cruise control on highways to help maintain a consistent speed unless traffic is heavy.
Since tailgaters are usually in a hurry, it is safer to stay out of the left lane when driving at or below the speed limit. If you notice a driver on your tail, calmly put on your turn signal and change lanes when it is safe. Trust us: You will forget about their aggressive behavior quickly.
The dedicated Savannah car accident lawyers at Childers & McCain, LLC offer free consultations and trusted legal guidance for tailgating accident claims in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County. To learn more, submit our online form or call our Macon, Georgia, office at 478-254-2007.
Facing the aftermath of a serious accident can be overwhelming. Before you speak with the insurance companies, make sure you schedule a free consultation with the Macon personal injury lawyers at Childers & McCain. We can protect your rights while anticipating the insurance company’s tactics to make sure you get the full compensation you deserve. You don’t have to navigate this tough road alone – let our team of professionals help you move forward.
