Following too closely, also known as tailgating, is a dangerous driving maneuver that can lead to serious accidents on Indiana’s roadways. This is especially true for trucks that are frequently operated by impatient drivers who tailgate in an effort to get a lead vehicle to move over and change lanes. Tailgating is a form of aggressive driving and considered an illegal practice in Indiana, falling under the state’s distance restriction laws. If you or a loved one have been injured by a driver who was following too closely, you may be entitled to compensation for injuries and damages.

When a driver is behind another vehicle, the “three-second rule” should apply. This is a general safety principle used to maintain a safe following distance behind a vehicle. It helps drivers to ensure they have enough time to react and stop if the vehicle in front suddenly slows or stops. The idea is that by following a vehicle by at least three seconds, a driver will have adequate time and space to brake safely should there be any unexpected actions. In inclement driving conditions, additional spacing should be applied.

You may file a lawsuit against another party if they followed you too closely and caused an accident. The driver who was tailgating can be sued for damages, which may include medical expenses, property damage, lost wages, and pain and suffering. To successfully bring about a personal injury case, you would need to prove that the other driver’s negligence in following too closely directly caused the accident and the resulting injuries or damages.

It should be noted that contrary to popular belief, the last vehicle in a rear-end collision is not always at fault. There are certain instances, including brake checking incidents, when the lead vehicle may be held fully or partially at-fault for an accident. Since Indiana follows a modified comparative fault system, your compensation may be reduced if it is proven that there was shared negligence in your collision. However, as long as the other driver is found to be primarily at fault (more than 50%), you have the right to seek compensation.

Because every personal injury case is different, there may be unique circumstances that can impact the outcome of your case. For this reason, it is essential to seek representation from an experienced personal injury attorney who is familiar with handling these types of matters.

If you or a loved one have been involved in an accident due to tailgating or any other reason, contact our office to discuss your legal options. We have decades of combined experience representing clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or complete the form below for a FREE and confidential consultation.