Motor vehicles must be driven with the right amount of care and prudence to reasonably prevent car accidents. This responsibility includes drivers staying a reasonable distance from others to leave room for braking if the car ahead slows down or stops. When a driver follows another car too closely, it is known as tailgating. This dangerous practice can increase the risk of car accidents in New Mexico.
What Is a Tailgating Accident?
A tailgating accident can describe multiple types of car crashes caused by a driver following or tailing another vehicle too closely. Without maintaining the proper amount of distance between vehicles, a driver may not have enough distance to brake to avoid crashing when faced with changing roadway situations.
Tailgating and Large Trucks
While tailgating is dangerous under any circumstances, it can be especially disastrous when a large truck is involved. If a truck driver tailgates a smaller car, it may not be able to stop in time to prevent a serious collision, including a catastrophic rear-end accident or override accident, where the truck drives up and over the smaller vehicle.
New Mexico Tailgating Laws
Under Albuquerque Code § 8-2-1-21, following another motor vehicle more closely than is “reasonable and prudent, having due regard for the speed of such vehicle, existing traffic conditions, and the condition of the roadway” is an offense. All motorists have a responsibility to maintain a safe following distance from others.
Common Types of Accidents Caused by Following Too Closely
The most common type of car accident caused by tailgating is a rear-end collision. These accidents can range from minor “fender benders” to disastrous high-speed collisions, with common injuries including whiplash, spinal cord injuries and concussions. A rear-end collision could also lead to a chain-reaction crash, or a string of three or more rear-end collisions caused by the force of the initial impact.
Who Is Held Responsible for a Tailgating Accident in New Mexico?
If a car accident arises due to tailgating, the driver who was following too closely will typically be held liable (legally and financially responsible) for a resultant crash. This is because it is the following driver’s duty to maintain a safe distance behind other vehicles. Breaking this law can place liability on the driver for committing a traffic infraction.
In some cases, however, a driver may be accused of tailgating when in reality the driver in front is at fault. Negligent and reckless behaviors such as weaving in and out of multiple lanes, making unsafe lane changes or merges, cutting another driver off, and brake-checking (abruptly hitting the brakes to send a message to the rear driver) could cause a collision that is not the fault of the rear driver.
Seeking Compensation for Your Tailgating Wreck in New Mexico
If you get injured because another driver was tailgating you, you may be able to file a claim against that driver for your medical expenses, property repairs, pain and suffering, and additional losses. New Mexico law requires the at-fault driver in an automobile accident to pay for a victim’s damages through liability insurance.
To recover compensation from another driver’s insurer, you must prove fault by submitting evidence alongside your claim. An experienced car accident lawyer at the Fine Law Firm can help you gather and present clear evidence to prove your case, as well as negotiate with an insurance claims adjuster for maximum compensation for your losses. While you heal and recover from your tailgating accident, a lawyer can seek justice and accountability on your behalf. Contact us today for a free car accident case review by an attorney in Albuquerque.