Normally, when someone crashes into the back of your car, that driver is considered to be at fault. However, this is especially the case if the other driver is tailgating you when it happens. If the driver believes that you aren't driving fast enough, they might drive very close to your rear. If you can prove that the other driver was tailgating, this reckless form of driving might help your case.
The Problem With Tailgating
When a driver is tailgating, other drivers are not able to stop fast enough to avoid an accident. Even when the driver is not tailgating, but there is still a collision, the fact that the driver was not tailgating will often lead to the accident not being as severe. When traveling 60 MPH, you need at least 240 feet to come to a complete stop.
If the tailgater has brakes that aren't functioning properly, the car may be even less able to stop in time. Also, if the vehicle is very heavy, the motorist will need even more time to stop. Also, tailgating during icy or wet weather is dangerous because the car might slide and crash.
The Importance of Witnesses
Even if the driver was tailgating, you'll need help from a witness who has seen the tailgating in action and is able to testify on your behalf. If a police officer witnesses the act of tailgating and decides to write a ticket, the fact that the driver was written a ticket can be used as evidence that the driver was negligent.
The fact that the driver was tailgating can be useful because in some rear-end cases, the driver in front might be held responsible. For example, if you cut the other driver off, you may be held responsible for the accident. If the other driver was speeding and tailgating you, however, you might not be considered partially at fault and you will be able to maximize your compensation.
Help Is Available
After you have been rear-ended, your vehicle might be damaged and you might also be severely injured. Rear-end accidents can lead to injuries such as whiplash. Fortunately, help is available if you get in contact with a car accident lawyer. They will go over your options and will help you calculate the damages you have suffered so that you can receive compensation for your injuries and be able to afford medical expenses even when out of work.