The risks posed by tailgating are clear: By following another vehicle too closely, the tailgater can read-end the vehicle, causing an accident. Also, by attempting to avoid getting hit by the tailgator, the other driver may end up getting into an accident as well.

Tailgating is especially dangerous to motorcyclists, who may be seriously injured when the vehicle behind them slams into them from behind. Because the motorcycle is so much smaller, it will likely absorb most of the impact, resulting in significant, sometimes catastrophic injuries.

Whether intentional or unintentional, tailgating can be anxiety-inducing to other drivers and riders on the road. Rear-end collisions are also one of the top reasons behind motorcycle accidents. After a tailgating motorcycle accident, you must understand the law, your legal rights, and your potential options for the next steps.

What Is Tailgating?

Generally, tailgating can be defined as following another vehicle too closely, not within the distance, that is considered reasonable and prudent under the circumstances. It entails the failure to leave enough space for all vehicles on the road to operate safely. In Kansas, state statute 8-1523 states that “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon the condition of the highway.”

Additionally, if you’ve been tailgating and collided with another vehicle; as a result, you may be liable for the injuries that occur from the collision—and, conversely, if another party caused your motorcycle accident by tailgating you, then you may be entitled to compensation for the financial damages you have suffered.

How Tailgating Causes Accidents

There are various ways in which tailgating can cause an accident, including one that involves a motorcycle. For example:

• Reducing the amount of reaction time available to the driver or rider
• Pressuring the driver or rider to make a dangerous maneuver or speed up to “shake” the tailgating vehicle
• Misjudging the distance or time required for a proper stop
• Misjudging road or weather conditions
• Being distracted, drowsy, or under the influence of drugs or alcohol while driving
• Driving aggressively or engaging in road rage

When someone is tailgating behind your bike, trying to avoid a serious collision is very difficult, but there are some ways you can prevent one. It is important not to “brake check” a driver who is tailgating you, as doing so can lead to an accident and result in rage against you. Even more importantly, never engage with a driver who is aggressive or exhibiting symptoms of road rage.

Moving out of the way, such as getting into another lane or turning off the road, is your best bet for trying to prevent an accident as a result of tailgating. Also, maintaining a safe distance between your motorcycle and other vehicles is paramount. If a motorcycle accident cannot be avoided, be sure you take down the other driver’s identifying information and report the collision to the authorities as soon as possible.

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Common Injuries Caused By Tailgating Collisions on Motorcycles

A motorcycle accident that results from tailgating can cause serious, sometimes even catastrophic, injuries. For example:

• Head injuries, concussions, and traumatic brain injuries
• Back, neck, and spinal injuries, sometimes including partial or full paralysis
• Broken or fractured bones
• Injuries to internal organs or internal bleeding
• Limb amputations
• Burns, road rash and other abrasions
• Whiplash and other soft tissue injuries
• Scars or disfigurement
• In the most extreme cases, wrongful death

If you’ve been injured in a motorcycle accident as a result of someone else’s negligent tailgating, you may be entitled to recover compensation for your financial losses and damages. These may include:

• The costs of your medical imaging, testing, and treatments
• The costs of a hospital stay
• Doctor’s visits and specialist visits
• Prescription medication costs
• Expenses related to physical or occupational therapy, nursing, or rehabilitative care
• The costs of repairing or replacing your motorcycle
• Wages or income you have lost as a result of being unable to work after the accident
• Your pain and suffering, mental anguish, and emotional distress
• The loss of your ability to engage in activities that you can no longer do as a result of your accident
• The overall, general decline in your quality of life

How Can Bretz Injury Law Help with Your Motorcycle Accident Case?

Put simply, we are here when you need us most. After a tailgating motorcycle accident that is another driver’s fault, you need to understand your legal rights and options for recovering compensation for your injuries, and you should not go it alone.

At Bretz Injury Law, we are prepared to handle every detail of your case — from gathering the appropriate evidence and building a powerful claim to negotiating with the insurance company on your behalf — so that you can simply focus on healing, getting the medical care you need, and rebuilding your life after your accident.

Our attorneys have a reputation for seeking a fair and reasonable resolution on behalf of our clients, and we are known for fighting on behalf of our clients in court when it’s necessary. We will fully investigate the facts of your case, research the law, preserve important evidence in your case, and negotiate on your behalf with the other party and their insurance company.

We are aggressive and strategic when it comes to pursuing maximum compensation for our clients, but we are also compassionate and empathetic when it comes to guiding our clients through the process. Contact us today to schedule your free consultation so that we can focus on getting you the compensation you deserve to rebuild your life after a motorcycle accident.

Contact us today to schedule a free, confidential case evaluation, or simply call our law office toll-free.