You need a skilled tailgating accident lawyer to get the compensation you deserve. The fault in a tailgating accident is a crucial part of a personal injury case, and the law in New York teaches that it is essential to identify the witnesses and determine fault. The law also gives you the right to seek damages, if you were injured. Read on to learn more about your rights as a victim of this type of accident.
Compare negligence rule
If you’re involved in a tailgating accident, you should hire a qualified attorney right away. Even if you’re partially to blame for the accident, you can still receive compensation. New York has a law called the “pure comparative negligence rule” that takes your share of fault into account when determining how much compensation you can receive. When filing a lawsuit under this rule, you can still recover compensation up to $50,000.
In most states, it’s illegal to tailgate, and you may have to prove it in court. While tailgating may not seem like a serious crime, it’s often difficult to prove liability without evidence. Eyewitness testimony, photos, and police reports may all be needed to prove the negligent party’s liability. The best way to prove negligence is to identify witnesses and gather evidence from them.
Identify witnesses
If you have been the victim of a tailgating accident, you may be entitled to compensation. But to be eligible for compensation, you must be able to prove that you were the cause of the crash, and the other driver was also negligent. Sadly, many accidents result from tailgating, and there are many ways to prove this. Listed below are some tips for hiring a tailgating accident lawyer.
Identify witnesses. If possible, contact police and get an auto accident report. Remember to note down the contact information of any witnesses. If possible, seek medical attention. Often, injuries take time to manifest. The doctor’s report will serve as official proof of your injuries. The more witnesses you can identify, the better. This will be crucial in your case. After an accident, you may have a lot of bills and other expenses to pay.
Determine fault
If you have been involved in a car accident due to tailgating, you may want to hire a lawyer. While this type of driver negligence can have a negative impact on your case, it can also be used as evidence to determine fault. In many cases, the other driver is to blame, and the other driver’s inattentiveness is at least partially at fault. If you are unable to determine fault, a lawyer can help you determine who is at fault.
You may not be at fault in this kind of situation, but you may be entitled to compensation. New York law applies a pure comparative negligence rule, meaning that the injured party is responsible for part of the accident. The compensation will be reduced by the percentage of fault the other party had. Ultimately, the injured party may be entitled to compensation for all of the injuries he or she suffered. Fortunately, New York has strict laws regarding car insurance and tailgating accidents, and the law provides that you have the right to compensation.
Recover damages
If you or a loved one has been injured in a tailgating accident, you can seek compensation for your medical bills. Additionally, you may be entitled to lost wages and other types of compensation. In some cases, you may be able to recover punitive damages, which are not normally available in car accident cases. However, in the event that you were driving under the influence and hit another car, you may be entitled to receive such damages.
To collect damages in a tailgating accident, you must be able to prove that the other party was at fault for causing the collision. Fortunately, you have the right to sue for damages if the other driver is at fault, and you can do this through a personal injury lawsuit. While a lawsuit might be difficult to win, there are several things you can do to make your case successful.
