While every state has rules of the road that drivers are required to obey, many drivers feel some of these rules do not apply to them. Violating these traffic rules often leads to serious car accidents that leave victims suffering painful injuries.
One of the most common traffic violations is tailgating. According to Virginia Traffic Code §46.2-816, a vehicle is not allowed to follow another vehicle “more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the highway at the time.”
If you have been injured in an accident caused by another party, call Shapiro, Washburn & Sharp to schedule a free consultation with one of our Virginia Beach car accident lawyers to discuss your legal options.
Who Is Liable for the Crash?
In Virginia, there is a presumption of fault against the driver who rear-ends another vehicle. This presumption arises because drivers are expected to maintain a safe following distance, drive at a speed that allows them to stop safely, and remain vigilant for sudden stops or slowing traffic. In the majority of rear-end crashes, the driver in the rear vehicle is responsible for the crash.
Road Rage and Aggressive Driving
One of the most frequent reasons one driver tailgates another is because they engage in aggressive driving behaviors. Road rage is one of the most common behaviors resulting in crashes. Road rage is any form of aggressive driving that is deliberate and done with the intention of intimidating, frightening, or harming another driver. Acts of road rage are classified as criminal charges because they are legally considered a willful and wanton disregard for the safety of others. Many jurisdictions consider road rage a form of assault and battery. Aggressive driving can result in a traffic violation citation.
Some of the more common acts of road rage are speeding, changing lanes without signaling, tailgating, and illegal maneuvers. Reactions from an aggressive driver can include rude gestures, honking of horns, shouting, and light flashing. Unfortunately, these reactions can also escalate to short-braking or trying to run the vehicle off the road.
What Type of Injuries Can Occur Because of Tailgating?
When a driver follows too closely to the vehicle in front of them, they increase the risk of crashing into that car if the driver suddenly hits their brakes to stop. The most common type of car accident that occurs when a driver is guilty of tailgating is a rear-end collision.
The extent of the injuries a victim suffers in a rear-end crash often depends on the speed the vehicles were traveling; however, even a low-speed rear-end crash can result in serious injuries, including:
- Brain injuries
- Head injuries
- Neck injuries
- Paralysis
- Whiplash
- Broken bones
Any driver who is a victim of a rear-end crash caused by the other driver tailgating should document all the information they can after the crash. The more evidence you can gather, the more successful you will be at obtaining whatever financial compensation you may be entitled to under the law.
Even if a victim does not think they have been injured immediately following the accident, they should still seek out medical attention right away. Many rear-end crash injuries have delayed symptoms, and a victim may not even realize they have been injured for days or even weeks after the crash. This delay in medical attention could ultimately give the insurance company ammunition to try to deny your claim.
It is also important to have your vehicle checked by a mechanic following the accident, regardless if there is no visible damage to the vehicle. There can be damage to the vehicle that is not visible, which can end up causing serious issues, including another severe accident. Some of the damage that an owner may not be aware of includes undercarriage damage, issues with correct body alignment of the vehicle that can affect steering, bumper damage, and damage to the backlights of the vehicle.
Let a Virginia Beach Car Accident Attorney Help
If you have suffered an injury caused by the negligent or reckless behavior of another driver in a rear-end crash, contact a Virginia Beach car accident attorney from Shapiro, Washburn & Sharp to discuss what your legal options may be. Victims can be compensated for medical expenses, lost income from being unable to work, pain and suffering, and emotional anguish.
If they are left with long-term and permanent disability, they may also be entitled to financial compensation for the losses this disability has caused, including loss of future income if they are unable to work or return to their profession, future medical expenses, and the overall negative impact the injury has had on their quality of life.
Our personal injury attorneys have successfully represented many clients who were forced to deal with painful injuries and long recoveries due to another person’s negligence, like the $235,000 car accident insurance settlement for one client who suffered multiple injuries when another motorist negligently failed to yield the right of way.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
