Tailgating: How to Prove That a Vehicle Was Following Too Closely

Aggressive drivers often act like they are more important than everyone else on the road. One tactic they use is to follow so closely that the driver in front feels obligated to speed up. Other times, drivers tailgate to get ready to make a dangerous pass or simply to show their dominance. Regardless of the reason for tailgating, when a driver follows the vehicle ahead too closely, they are very likely to cause an accident.

When that happens, how do you prove that the tailgating led to the collision? How do you show that the other vehicle was following too closely? Our attorneys have extensive experience in handling car accident claims, and we use several strategies to prove the liability of drivers who tailgate. Every situation offers unique evidence and special opportunities to establish liability, but here are some of the most common means of proving that the vehicle behind was following too closely.

Look for External Video

Very often, a driver’s actions are recorded on video by traffic cameras, security cameras, or dash cams installed in a vehicle nearby. The trick is to find the video and take the right legal action to preserve the footage before it can be erased or recorded over.

A seasoned accident attorney will know where to check and locate video cameras that might show the driver’s behavior in the time leading up to the accident. New traffic cameras are being added all the time. When approaching businesses and homeowners about the footage on their security cameras, a request from an attorney often meets with more success than a request from an unknown private individual.

Attorneys also know how to subpoena to obtain footage and how to preserve it so it will be available when needed. We can isolate frames to present still pictures as well as moving images showing a driver’s dangerous tailgating behavior.

Look for Witnesses

Eyewitness accounts often provide the best evidence that a driver was following too closely. The witness could be someone from your own vehicle, another car or truck on the road, or a pedestrian or bicyclist in the area at the time. While the most effective testimony comes from impartial witnesses who saw the moments leading up to the crash and the impact itself, if someone noticed the driver’s tailgating behavior before the accident but didn’t see the accident itself, that testimony could still prove quite valuable.

After a collision, it is very helpful to have someone gather the contact information of every potential witness in the vicinity. Taking photos can help, too, because facial recognition software can be used to identify and locate witnesses later. These witnesses are often more willing to speak to an attorney contacting them in a professional capacity than to a private individual contacting them in a personal capacity, and our legal team often assists with locating and interviewing witnesses to accidents.

Remember, too, that the words of the driver who was tailgating might be used as evidence. If the driver admitted to a law enforcement official or someone else that they were tailgating or said that they were driving too slow, those statements could also help demonstrate their liability.

Get the Police Report

After an accident of any type, it is always helpful to call the police to the scene and get them to file a report on the incident. Police are trained to investigate and note important facts that provide clues to the cause of the accident. So, obtaining a copy of the police report provides you with a valuable source of information that can demonstrate that the driver who caused the accident was following too closely. Moreover, this evidence is considered of the highest reliability and is very difficult for insurance companies and defendants’ attorneys to refute or ignore. So getting a copy of the police report is a critical way to prove liability for a rear-end collision or other accident caused by tailgating.

Consult an Accident Reconstruction Specialist

Sometimes, the evidence available through the usual sources does not clearly demonstrate how the responsible driver’s actions caused an accident. In these types of cases, we will often turn to an accident reconstruction specialist who can serve as an expert witness. These specialists analyze the available photos and accounts to develop models and other tools to show what happened in the moments before and during the collision.

You Have the Power to Collect Valuable Evidence

If you are carrying a cell phone with you at the time of a collision, then you have a tool to gather essential evidence to show that the driver who caused the accident was following too closely. For instance, you can take photos of skid marks showing that the driver slammed on the brakes but that the effort failed to prevent the collision because they were too close. Photos of damage to the vehicles and other aspects of the surrounding scene can be used by an accident reconstruction expert to show what happened. In addition, photos of witnesses can be used to identify and locate them later to collect their testimony.

If you are too injured or dazed to take photos immediately after the accident, it is a good idea to send your attorney or another party to the scene to take pictures as soon as possible after the accident.

And, of course, if you have a dash cam in operation at the time of the collision, your footage could clearly provide valuable evidence of tailgating.

Searcy Denney Helps You Recover Maximum Compensation When a Tailgating Driver Causes an Accident

Injuries and damage from a car accident can change your life in an instant. While no amount of compensation can ease your pain or restore the time and abilities you lose because of your injuries, receiving a sizable damage award provides a sense of justice and gives you resources to meet your future needs.

At Searcy Denney, our team understands how to demonstrate liability efficiently and effectively so that you can receive full compensation for all of your losses after a car accident. We urge you to contact us for assistance and guidance as soon as possible after an accident so we can start gathering valuable evidence and building your case for recovery. Get started with a free case evaluation by calling 888-549-7011 or contacting us online now.