Tailgating Truck Accident Lawyer in Birmingham, Alabama
Tailgating is always an unsafe practice, but it is especially dangerous when a commercial truck is involved. An 80,000-pound truck requires a greater distance to stop, so if traffic suddenly slows or stops, a truck driver might rear-end the vehicle they are tailgating.
If you are the victim of a tailgating accident involving a large truck in Birmingham, you need the attorneys at Serious Injury Law Group on your side. Making a legal claim against a trucking company is complex. There may be numerous at-fault parties. A thorough investigation may be required to identify them. A skilled and experienced attorney can pursue fair compensation for your injuries and vehicle damage.
Don’t hesitate to talk to a knowledgeable truck accident attorney during a free consultation. We’ll review your rights and legal options for pursuing the compensation you deserve.
What Exactly Is Tailgating When Driving a Truck?
Tailgating drivers follow the vehicle in front of them too closely, sometimes to the point that they would not have enough space or time to brake and avoid rear-ending the vehicle if they suddenly stop. Unfortunately, aggressive truck drivers sometimes tailgate other vehicles because they’re in a hurry or are trying to force smaller vehicles out of the way. Tragically, a tailgating truck driver can cause serious and fatal crashes.
What Truck Drivers Should Know About Tailgating?
Truck drivers have (or should have) received training, and part of that training is their duty of care to other motorists. Truckers have a legal obligation to follow the rules of the road and take certain safety measures to keep other drivers on the road safe from harm. Truck drivers should be aware of the distance required for them to bring their vehicle to a stop and should make sure to protect other drivers on the road by leaving an adequate amount of space between themselves and the vehicle in front of them.
As a general rule of thumb, every trucker should leave at least one second for every 10 feet of vehicle length when they’re traveling below 40 miles per hour, according to the Federal Motor Carrier Safety Administration. For many tractor-trailers, this translates into a minimum of four seconds between the truck and the vehicle in front of them. When traveling above 40 miles per hour, truckers should add one additional second. If there is inclement weather, then a trucker should account for that by doubling their following distance.
One way for truck drivers to measure that space is to choose a landmark, such as a sign or even a light pole, and count the number of seconds it takes from the time the vehicle in front of them passes it to the time they pass it.
Why Tailgating Could Be a Prominent Cause of Truck Accidents in Birmingham, Alabama?
Truckers operate on tight delivery schedules and may worry that they will lose their job if they don’t make their delivery on time. Many trucking companies also pay by the load, so this creates an incentive for 18-wheeler drivers to drive more quickly and engage in dangerous driving behaviors, such as tailgating or speeding, which can lead to serious accidents.
What to Do After a Tailgating Truck Accident?
If you have been injured in a tailgating accident in Birmingham, there are several steps you should follow after the crash to protect your rights, including:
- Seek medical treatment – Seek medical attention as soon as possible after the accident. Otherwise, the insurance company might try to argue that your injuries didn’t result from the crash. It’s also important to follow your doctor’s treatment plan and attend your follow-up appointments. These proactive actions will help to underscore the seriousness of your injuries and that you’re doing everything you can to recover.
- Get a copy of the police report – A police officer will usually make a report at the scene of a crash and may make an initial determination of who was at fault.
- Gather documentation to support your case – Gather any documentation that may support your personal injury claim, such as photos of the accident scene, medical bills, medical records, and employment records to show lost income.
- Track your pain in a daily journal – Keep a pain journal to track your symptoms and struggles with physical pain and emotional distress. This will help show the extent of your pain and suffering. Also keep records of your follow-up treatments, surgeries, physical therapy, and other medical procedures.
- Don’t post on social media – Posting about your case on social media is always a bad idea. Anything you say publicly could potentially be used by the insurance company to deny your claim. It’s best to stay silent about your claim until it is resolved.
- Consult with an attorney – Work with an attorney to help you navigate the claims process. Truck accident cases can be incredibly complex, especially if the trucker isn’t the only liable party.
How Do You Determine Liability in a Tailgating Truck Accident?
Determining liability in a tailgating truck accident requires a full investigation of the accident, which is why it’s helpful to have an attorney by your side. An attorney will launch an independent investigation of the accident, collect important evidence, and identify the at-fault parties based on their investigation.
Some of the evidence that a truck accident lawyer might collect to establish liability includes:
- Accident report
- Photos of the accident scene, the position of the vehicles at the time of the accident, and skid marks
- Vehicle parts that were damaged in the accident
- Medical records
- Data stored in the truck’s “black box”
- Personnel records that indicate a history of unsafe driving, distracted driving, or traffic citations
- Maintenance records
- Witness testimony
How Our Birmingham, Alabama Attorneys Can Help You After a Tailgating Truck Accident
If you are the victim of a tailgating truck accident in Birmingham, contact one of our attorneys at Serious Injury Law Group today. We are a locally-owned firm that is committed to fighting for victims of truck accidents in our community. We will fight tirelessly to help you investigate your claim, build a strong case on your behalf, and seek the compensation you deserve. While most cases settle out of court, we’ll be fully prepared to fight for your case before a judge or jury, if necessary.
Call us or contact us online for a free consultation as soon as possible. We’re ready to listen.