How to Prove the Car Behind Was Following Too Close in an Accident?

If you were hit from behind on the road, you might wonder how to prove the other car was following you too close in an accident. Finding the answer may seem complicated, but it might be necessary if you want to file a claim for damages and recover compensation.

Car accidents come in all sizes, and in most cases, victims are faced with enormous hospital bills, long rehabilitation treatments, and significant financial losses. Fasig | Brooks can help the victims file a claim against the liable parties and ensure they are responsible for all the victims’ damages.

Is It Possible to Prove a Car Was Following You Too Closely?

Many resources can come in handy to prove the car that hits you was following you too closely. That can be an important part of the process when filing a claim for damages because that puts liability for the accident on the tailgating driver.

These are some of the many ways you can prove the other driver caused the car accident by following you too closely:

  • Witnesses’ statements. A witness can testify to confirm the other driver was following you too closely, and that caused the accident.
  • Phone pictures and videos. You can take pictures of the accident and videos with your cell phone. An accident reconstructionist can use that evidence to determine if the other driver was tailgating. 
  • CCTV footage. Your car attorney can get hard-to-find evidence, such as CCTV footage from traffic cameras or nearby businesses.
  • Documents and reports. Medical or police reports can become valuable evidence when the other driver was following too closely but is unwilling to admit it.

However, contacting your attorney as soon as the accident happens is the best way to ensure you can prove another driver caused an accident by following your car too closely. 

What to Do If a Car Following Too Closely Hits Me?

When the other driver or their insurance company is unwilling to take responsibility for your damages, you can use different legal resources to determine their liability. However, you can help your attorney build a strong case by taking some actions at the accident site.

  • Call emergency services. Calling 911 is an important step, even if you feel fine. That is because some injuries can take time to develop and show symptoms. But also because EMTs and cops who attended your accident need to file a report that can later become evidence for your claim.
  • Collect information from the crash scene. If you can, exchange contact information with the driver following too closely and witnesses at the scene. You can also take videos and pictures with your phone.
  • Avoid insurance adjusters. Some adjusters will try to close your case with the minimum possible cost for their company and use your words against you to get out with it. Kindly refuse to give any statement, and talk to your lawyer immediately.

These steps can help you protect your right to file a claim. But at the same time, they can help your attorney present a valid case and increase your chances of recovering damages.

What Exactly Is “Following Too Close” in an Accident?

On main roads, drivers need a minimum safety distance between them and the car in front of them to brake. The distance a vehicle needs to brake fully depends on the size and weight of the vehicle, but it also depends on the speed they are moving and weather conditions, such as wet or frozen roads. But in practice, many drivers ignore the minimum safety distance.

That is known as ” following too close” or “tailgating,” Even though it may seem harmless at first, it can bring serious injuries and financial consequences for the victims. However, a car accident attorney can help the victims get damages, but to do so, they need to prove the other car was following too closely.

Common Injuries in Tailgating Car Accidents

Rear-end collisions are common in accidents caused by a car following too closely. And the injuries most commonly associated with those accidents are:

  • Whiplash. Neck injuries are present in most rear-end car accidents, and whiplash injuries are among the most serious ones.
  • Back injuries. Getting hit from behind can hurt your back and cause severe injuries such as herniated discs, strains and sprains, and spinal cord injuries. 
  • Head injuries. The impact from a rear-end hit can cause a victim’s head to hit parts of the vehicle and cause injuries that range from concussions to traumatic brain disease.
  • Broken bones and fractures. Victims can experience broken bones in fingers, ribs, or legs depending on the impact.
  • Psychological injuries. Drivers hit from behind by another car often develop anxiety, depression, and even post-traumatic stress disorder.

However, it is necessary to prove the other car was following too closely or was liable in any other way to recover damages for those or any other injuries. 

Your Accident Lawyer Can Prove Another Car Was Following You Too Closely

You may face expensive medical bills or invalidating injuries after a car crash. And if that accident was caused by another car tailgating or following you too closely, you may be entitled to recover compensation for all your damages.Talking to your attorney right when the accident happens is the best way to ensure you can pay for your medical care and cover future expenses, such as rehabilitation and psychological therapy. Contact Fasig | Brooks today, and let us prove the driver following you too closely is liable.