Truck Accidents Caused by Following Too Closely or Tailgating

Commercial trucks such as semis and tractor-trailers are heavy vehicles that require a much greater distance to stop than passenger vehicles. Because of this, commercial truck drivers must remain alert to maintain safe speeds and avoid following too closely.

Truck drivers who drive too fast for traffic conditions and tailgate other vehicles frequently cause rear-end accidents and other serious accidents. If you’ve been injured in a collision caused by a truck driver who was following too closely, you may be entitled to seek significant compensation for your medical bills and other accident-related losses.

Pursuing a legal claim against a trucker or trucking company can be challenging. The company and its insurer will likely have a team of lawyers working to protect the trucking company’s interests. You will need to hire an experienced Indiana truck accident lawyer to represent you and hold the trucker accountable. You will be at a disadvantage dealing with the insurance company on your own.

At Craig, Kelley & Faultless LLC, our attorneys have extensive experience handling truck accident cases and are skilled trial attorneys. Two of our partner attorneys have attained certification in the area of personal injury law related to commercial truck accidents. We have five offices and meeting locations across Indiana to serve clients. If you have been injured in a rear-end collision caused by a truck driver who was following too closely, we want to help. We’ll be ready to discuss your case and answer your questions during a free and confidential consultation. Call us at (800) 746-0226 or contact us online for a consultation.

What Is Tailgating?

Tailgating is one of the most common causes of truck accidents, it occurs when a driver follows another vehicle too closely. The driver might not observe the speed that both vehicles are traveling or may not take into account the traffic or highway’s conditions.

It is illegal to tailgate another vehicle under Indiana law (IN Code § 9-21-8-14 (2017). Tailgating puts both the tailgating driver and passengers at risk, as well as those in the vehicle in front.

The Dangers of a Truck Following Too Closely

Tailgating is a dangerous activity regardless of what type of vehicle you are operating. But tailgating is especially dangerous when it involves large trucks.

Because 18-wheelers and other commercial vehicles are among the largest and heaviest on the road, a rear-end collision can cause catastrophic or fatal injuries and significant property damage.

In a collision involving an 80,000-pound tractor-trailer and a 4,000-pound passenger vehicle, the occupants of the smaller, lighter-weight vehicle will sustain the brunt of the injuries such as back and neck injuries.

Truck Drivers Have a Legal Duty

All drivers have a legal duty to obey traffic laws and drive with reasonable caution so as not to endanger others on the road.

Big rig drivers need to be aware of the stopping time and distance that their vehicles require. Truck drivers must remain alert and attentive at all times while driving. Truck drivers have a legal duty to drive responsibly and avoid endangering others on the road. Following other vehicles too closely while traveling at highway speeds may violate the truck driver’s duty of care. The failure to leave an adequate distance between their vehicle and the one in front of them may result in a devastating crash.

Truck drivers are required to carry a Commercial Drivers’ License (CDL) that certifies that they have been trained, tested, and are qualified in the safe operation of a large commercial vehicle on U.S. roadways. Because truckers are professional drivers, they are held to a higher standard than regular motorists.

Commercial truck drivers and trucking companies are required by law to carry higher amounts of liability insurance than automobile drivers because of the serious harm that large trucks can cause in a collision. That means that more compensation may be available after a truck accident.

Can I Recover Compensation?

If a trucker is distracted, aggressive, or chooses to tailgate and causes a severe accident, the truck driver should be held legally accountable for their negligence. The police may charge the truck driver with following too closely. But the accident victims injured by the large truck can also hold the at-fault driver financially accountable by filing a civil lawsuit.

An experienced truck accident attorney at Craig, Kelley & Faultless can investigate the crash, secure crucial evidence, and demand fair compensation for the injured party or their surviving family members.

An injured individual may have a right to seek compensation for:

• Current and future medical bills
• Lost wages due to time off of work for recovery
• Loss of future earnings if you are unable to return to work or have reduced earning capacity because of your severe injuries
• Therapy, rehabilitation, and travel costs for treatment
• Medical devices or prescription medication
• Loss of enjoyment of life
• Loss of support
• Pain, suffering, and mental anguish

If someone has been killed in a collision caused by a truck driver, the surviving immediate family members may be entitled to file a wrongful death action against the at-fault truck driver and trucking company. The family may be eligible to demand compensation for funeral and burial expenses as well as:

• Loss of financial support
• Loss of emotional support

We recognize that no amount of money will make up for the loss of your loved one or ease the pain of preventable death. But a bereaved family should not have to bear the financial consequences of the death of a loved one due to someone else’s disregard for traffic safety. You should not face financial stress as a result of the truck accident.

Who Might Be Liable?

Seeking compensation for injuries you have suffered in a truck accident can be challenging, particularly if the injuries are extensive. Resolving a truck accident injury claim can be complicated by the fact that multiple parties might bear some responsibility for the crash.

Some potentially liable parties may include:

• The driver of the truck – If the truck driver failed to leave adequate space because the driver was distracted, speeding, or driving aggressively, the driver may be financially liable for the accident and resulting injuries.
• The trucking company – The trucking company may be responsible for the actions of the driver it employs, and for any negligence related to hiring, training, or supervision of the truck driver.
• Truck parts manufacturers – If the truck driver was unable to stop due to a mechanical failure such as a brake malfunction, the manufacturer of the defective component may be legally liable for the crash.
• Third-party maintenance companies – If the crash was caused by faulty maintenance, then a third-party maintenance company might be liable for the accident.

Because the circumstances surrounding each semi-truck accident are unique, it is crucial to hire an experienced commercial truck accident attorney to investigate the crash and determine which party or parties may be financially liable for your injuries.

Our attorneys have investigated many semi-truck crashes and know the types of evidence to seek to determine who was at fault. We know the tricks that trucking companies use to try to avoid accountability. Our team of legal professionals moves quickly to gain access to the truck and have our truck mechanics examine it to look for mechanical issues before the vehicle is repaired or sent to the junk yard. It’s important to act quickly to preserve crucial evidence before it is lost.

It’s important to act quickly. We need to hear from you so we can get started building your case for compensation.

Contact an Indiana Truck Accident Attorney for Help

For more than two decades, the truck accident lawyers of Craig, Kelley & Faultless LLC have helped injured people in Indiana and across the Midwest seek full and fair compensation for the harm they’ve suffered in serious accidents caused by others’ negligence. Members of our law firm have been awarded membership in the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum based on the settlements and court awards we have obtained for clients. Every case is unique, and past cases are not predictive of future results. But they do demonstrate our experience handling these complex cases. Our personal injury law firm is committed to helping you recover physically, emotionally, and financially from a devastating truck crash.

If you were injured in a truck accident caused by a driver who was following too closely, we want to hear from you. Our team of compassionate injury attorneys will be ready to listen to your story and help you understand your rights and legal options. The consultation is free. Don’t wait to get the answers and justice that you deserve. Call us at (800) 746-0226 or contact us online today.