Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-340-0036
Bloomington 309-226-4427
Decatur 217-877-6602
Strong Law Offices

Proving liability after a tailgating accident

When a tailgating crash occurs in Illinois, liability for the accident may ultimately be tied to driver negligence or a moving violation. The initial determination of which driver is at fault, however, may depend on the precise set of circumstances in play at the time that the incident took place. Although fault in a tailgating accident may seem obvious, proving liability in court may not always be easy.

A negligence claim is generally premised on the elements of duty, breach, causation and damages. In order to prevail in court, a plaintiff must prove that the defendant owed the plaintiff a duty of care and then breached this duty by tailgating. The plaintiff must also prove that the breach of duty resulted in injury to the plaintiff and that the injuries resulted from the tailgating incident and not from another cause. Finally, the plaintiff must prove the damages that are being claimed.

If law enforcement officials cite the alleged at-fault driver for tailgating, the plaintiff could introduce evidence of the violation in civil court. The plaintiff could also present eyewitness statements, police reports and photographs to the court to establish liability in the case.

Motorists are required to use due care when they are behind the wheel, and maintaining a safe distance between vehicles could prevent some rear-end car crashes from occurring. In tailgating situations, the defendant could claim that the plaintiff's broken brake light or unreasonably quick stop contributed to an accident, so before going to court, the injured party may want to seek legal counsel. After evaluating the case, the attorney may be able to negotiate a fair settlement with the tailgating driver's insurance company.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation in our Peoria, Bloomington, Springfield or Decatur offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Ready to Help, Dedicated to Your Recovery

We stand ready to help you find the resources you need to recover so that you can live your life to the fullest.

PEORIA
3100 North Knoxville Avenue
Peoria, IL 61603

Toll Free: 866-606-7862
Phone: 309-740-9092
Peoria Law Office Map

BLOOMINGTON
211 North Veterans Parkway
Bloomington, IL 61704

Phone: 309-226-4427
Bloomington Law Office Map

Decatur
2882 North Dinneen
Decatur, IL 62526

Phone: 217-877-6602
Map & Directions

SPRINGFIELD
913 South Sixth Street
Springfield, IL 62702

Phone: 217-340-0036
Springfield Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.