Orange County Tailgating Accident Lawyer

tailgating accident in orange county

What is Tailgating Accident?

When a driver is driving too close to the car in the front without maintaining a proper distance, it is referred to as ‘tailgating’. It is a serious offense of traffic rules and can lead to severe accidents or even fatal if large vehicles or trucks are involved. 

One must maintain a specific distance from other vehicles on a busy road based on the traffic, weather and road conditions. Vehicle code 21703 in California prohibits a driver from following another vehicle closer than a reasonable distance based on the speed limit, traffic and road conditions. 

Tailgating accidents differ from rear-end accidents. Rear-end accidents are caused suddenly when the car in the rear end (car in the back) crashes with the car in the front. While tailgating accidents are caused as a consequence of tailgating, i.e. when a car has been driving closer than needed to another car for a decent amount of time. 

Nordean Law has expert Tailgating Accident Lawyers who have years of practice in assessing and identifying a tailgating accident to hold the defendant accountable. If you are involved in a tailgating accident, contact us for a free consultation, and professionally handle your case. 

Common Causes of Tailgating Accidents

Tailgating accidents can happen out of the carelessness or negligence of the driver, while some drivers do it intentionally. Our Orange County car accident lawyers have handled a fair share of tailgating accidents from different causes, and we have first-hand experience handling them with the unique approach they demand. The following are some common causes of tailgating accidents:

  • Texting and driving. A driver distracted by their phone while driving might not realize how close they are approaching the vehicle in the front. It can cause an accident in a matter of seconds without the driver getting the opportunity to save themselves.

  • Driving under the influence. Drinking and driving, and driving under the influence of intoxicated substances are other common causes where the driver is not conscious enough to realize they are tailgating.

  • Intentional tailgating. Tailgating on purpose is done when the driver doesn’t want another vehicle overtaking and entering right in front of them. This happens especially in heavy-traffic areas. Intentional tailgating is considered to be a legal offense.

  • Speeding. Excessive speeding, or trying to speed when a car is driving at normal speed in the front, can also cause tailgating accidents. From speeding to tailgating to crashing, it happens much faster as the driver behind is driving at a higher speed than other vehicles.

Common Injuries Associated with Tailgating Accidents

Tailgating accidents have serious consequences due to the heavy impact on the front car from the back. Here are some most common injuries associated with tailgating accidents: 

  • Brain Injury. In most tailgating accidents, the driver or passenger of the car in the front faces a forced impact from the back. There are chances of the brain slamming into the inside of one’s skull or the head slamming into the car. This can cause severe brain damage, internal bleeding, concussion, or hemorrhage.

  • Spinal Cord Injury. The forceful impact can directly hit the spinal cord, causing fractures or compression from within. Extreme spinal cord injuries can also lead to long-term health problems or paralysis.

  • Whiplash Injury. The driver’s neck might swing back and forth after the sudden impact of force, leading to severe damage in the muscles, tendons, and disc of the neck and shoulders, causing severe whiplash injuries.

  • Leg and arm injuries. When one tries to brace themselves to stay in place when a forceful impact is made to the vehicle, their legs and arms, especially joints, may be unable to sustain the force. It can result in the muscle jamming or bone fracture.

Who is Liable in a Tailgating Accident?

In most cases, a tailgating accident results from the carelessness, negligence, or intentional tort of the rear-end driver (the driver at the back). It is up to the driver to maintain the needed physical distance with the vehicle in the front to avoid tailgating. Such accidents are preventable in the hands of the defendant. Even when the front driver suddenly hits the brake, the fault (fully or partially) lies with the rear-end driver for tailgating and causing the accident.

Compensation for Injuries in a Tailgating Accident

A victim is entitled to compensation for economic and non-economic damages. 

Economic damages can include: 

  • Medical expenses (Appointments, tests, treatments, surgeries, physical therapies, medication, etc.)
  • Rehabilitation 
  • Lost wages (salary, business income, etc.)
  • Property damage

Non-economic damages include:

  • Pain and suffering 
  • Distress
  • Loss of enjoyment and consortium 

If the defendant is at fault for intentional tailgating with the victim’s vehicle, the court also demands compensation from the defendant’s insurance company for punitive damages as punishment. 

Contact Nordean Law Top Rated Personal Injury Lawyer For Tailgating Accident Lawyer

If you were injured in a tailgating accident out of the rear-end driver’s fault, it is extremely necessary to file a personal injury claim against them to receive compensation for all the injury, damage, pain, and suffering. Identifying the defendant of a tailgating accident is comparatively simpler, but the proper assessment and determination of damages and claim amounts can be tricky. 

You will need a tailgating accident attorney practicing expertise in this specific accident. A good lawyer will help you gather proper evidence, contact medical professionals familiar with personal injury cases and negotiate fair compensation with the defendant’s insurance company.

At Nordean Law, our team of tailgating accident lawyers has all the qualities of an ideal lawyer and access to resources to further your claim file or lawsuit with professional litigation services.

Contact our Top Rated Personal Injury Lawyer For Tailgating Accident Lawyer today. 

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The best lawyer in the area! He and his team will take great care of you. They are very good with taking questions and answering them without lying to you. I will use Sam and his firm for any cases I might encounter. Highly recommend!!
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Nordean Law is working in my injury case and can't thank them enough. Sam and his team have been reaching and keeping me informed with all pending matters. I appreciate that because with all that is currently going in right now, I need some stress off my shoulders. Thank you Nordean Law!!!
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Sam Nordean is a great lawyer. He handled my case with the utmost professionalism. After taking my case, Nordean was always very straightfoward about all proceedings. He never sugarcoated things and was very honest. As the client, I appreciated that Sam Nordean would advise me about the proceedings but that my opinions and voice was also heard. Sam Nordean fought for me as the victim in my case and I was very happy with the outcome. Sam Nordean is a great lawyer and I would recommend him for anyone in need of a personal injury lawyer.
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If you are worried about your claim you should contact Nordean Law. Sam Nordean and his team are not only true professionals with integrity, but also sincerely care about their clients well being and state of mind throughout the process.
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My family and I were involved in an auto accident. I was referred to Sam Nordean through a good friend of mine who is a current client. That meant a lot to me. I called Sam immediately and he answered the phone. I thought, "Wow, an attorney who actually answers his phone". I explained to him what had happened and he and his Team immediately took over. They have already taken care of our property damage issue and are making sure we have the best medical treatment available. We still have a ways to go, but I know Sam is working hard for my family. And, when I call him he still picks up. Thank you Nordean Law
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Nordean Law, APC represented me and helped me through my insurance case when they refused to pay my bills. Sam was very patient, experienced, and well-knowledgeable such qualities are hard to find in one attorney. No matter how many times I called or asked questions he was always attentive and understanding. I would recommend them to anyone in a heartbeat! Thank you for winning my 2 cases!
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Sam and his team are amazing. My mom experienced a major fall and ended up getting seriously hurt. Sam and his team stood by her side every step of the way and took her under their wing making sure she got all the care that she needed. Communication is key to any relationship rather it be business or personal and Nordean law made sure their was no confusion and all points were made aware to both parties. Thank you sharmin, Alyssa, patty and Sam ! Your time and hard work is definitely appreciated!
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I was rear ended on the highway by a driver that was not paying attention. He didn’t even slow down. After the collision, I couldn’t even walk. Sam and his team helped me every step of the way. They made sure that I received the best treatment. I don’t know what I would’ve done without them. They fought the insurance company to make sure I received full value for my car. Sam was able to get all my bills covered and on top of that held the other driver and his insurance company accountable. I received the settlement that I deserve and helped me move with my life after an accident that changed my life.
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