Detroit Tailgating Accident Attorneys
Tailgating Accident Injury Claims In Detroit, Michigan
Tailgating is a serious issue on Detroit roads, often leading to dangerous accidents that leave victims with lasting injuries and financial burdens. When drivers fail to maintain a safe following distance, they increase the likelihood of collisions, particularly rear-end accidents. Michigan law is clear about the responsibilities of drivers to operate their motor vehicles safely and avoid causing harm to others.
As Detroit personal injury attorneys with decades of combined experience, we have witnessed firsthand how devastating tailgating accidents can be for victims and their families. Understanding your legal options after a tailgating accident is very important, and we are here to guide you through the process of seeking full financial compensation. Whether the accident caused physical injuries, property damage, or both, Michigan’s car accident laws provide avenues for holding negligent drivers accountable.
Tailgating accidents are preventable, yet they continue to occur due to reckless driving behaviors such as impatience, distracted driving, or impaired driving. Michigan law recognizes these behaviors as negligent actions and injured victims have the right to seek compensation for medical bills, lost wages, and pain and suffering. Navigating Michigan’s no-fault insurance system can be very stressful, especially while recovering from an injury. That’s where our firm steps in. With over 180 years of combined experience, we have the resources and knowledge to handle the complexities of tailgating accident claims. Let’s look at how these accidents happen, the legal issues involved, and what steps you can take to protect your rights.
How Tailgating Accidents Occur
Tailgating accidents typically happen when a driver follows another vehicle too closely and cannot stop in time to avoid a collision. Common causes include:
- Distracted Driving – Drivers focused on their phones or other distractions may fail to notice changes in traffic.
- Aggressive Driving – Impatient drivers often tailgate to pressure others into speeding up.
- Impaired Driving – Drivers under the influence of alcohol or drugs may misjudge distances.
- Sudden Stops – Tailgating reduces reaction time, making it harder to stop when the car ahead brakes suddenly.
Rear-end collisions caused by tailgating can result in severe injuries such as whiplash, spinal cord injuries, and traumatic brain injuries. These accidents also lead to significant property damage, leaving victims to face repair costs or vehicle replacement expenses.
Legal Issues In Tailgating Accidents Under Michigan Law
Michigan law imposes a duty of care on all drivers, requiring them to operate their vehicles responsibly and maintain a safe following distance. Tailgating violates this duty of care, making the tailgating driver potentially liable for any resulting accident. Michigan’s Basic Speed Law (MCL 257.627) and Assured Clear Distance Statute (MCL 257.643) are key statutes relevant to tailgating cases. These laws require drivers to maintain a distance that allows them to stop safely, considering road and traffic conditions.
In Michigan’s no-fault system, your own insurance typically covers initial medical expenses and lost wages regardless of fault. However, serious injuries may allow you to pursue a third-party liability claim against the at-fault driver. Under MCL 500.3135, you may seek damages for pain and suffering if your injuries meet the serious impairment threshold defined by Michigan law.
Steps To Take After A Tailgating Accident
If you’ve been involved in a tailgating accident, taking the right steps can strengthen your case:
- Call 911 – Report the accident to the police and ensure an official report is filed.
- Seek Medical Attention – Prompt treatment ensures your injuries are documented.
- Document The Scene – Take photos of the vehicles, road conditions, and any visible injuries.
- Exchange Information – Collect the other driver’s insurance and contact details.
- Contact Your Insurance Company – Report the accident promptly.
- Consult An Attorney – Protect your rights by seeking legal advice before accepting any settlement offers.
Compensation For Tailgating Accident Victims
Victims of tailgating accidents may be entitled to several types of compensation, including:
- Medical Expenses – Costs for medical treatment, hospitalization, surgeries, rehabilitation, and ongoing care.
- Lost Wages – Income lost due to your inability to work during your recovery.
- Pain And Suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
- Property Damage – Costs to repair or replace your vehicle and other personal property.
Why You Need Legal Representation
Tailgating accident claims can become complex, particularly when dealing with Michigan’s no-fault insurance system and serious injury thresholds. Insurance companies often try to minimize payouts, and without experienced legal representation, you risk accepting a settlement that doesn’t fully cover your losses. Our team has a proven track record of negotiating with insurance companies and litigating cases when necessary to secure fair compensation for our clients. We are committed to getting you more than any other lawyer would.
FAQs About Detroit Tailgating Accidents
What Should I Do If The Other Driver Denies Fault?
If the at-fault driver denies fault, it’s crucial to gather as much evidence as possible to support your claim. Police reports, eyewitness statements, and photos from the scene can establish liability. Michigan’s comparative negligence laws may allow you to recover compensation even if you share some fault for the accident as long as you are less than 50% at fault.
How Do Michigan’s No-Fault Laws Impact My Claim?
Michigan’s no-fault insurance system covers your medical bills and lost wages regardless of fault. However, to recover monetary damages for pain and suffering, your injuries must meet Michigan’s serious impairment threshold. An attorney can help you determine whether your injuries qualify and pursue a third-party liability claim if applicable.
What Is The Serious Impairment Threshold In Michigan?
Under Michigan law, a serious impairment of body function is defined as an objectively manifested injury that affects your ability to lead your normal life. Examples include permanent scarring, broken bones, or spinal injuries. Meeting this threshold allows you to file a lawsuit for non-economic damages.
Can I Sue If My Injuries Aren’t Severe?
If your injuries don’t meet the serious impairment threshold, you cannot sue for pain and suffering. However, your no-fault insurance should cover your medical expenses and lost wages. If you face challenges with your insurance company, an attorney can help.
How Long Do I Have To File A Claim?
In Michigan, the statute of limitations for personal injury claims is three years from the date of the accident. However, claims involving no-fault benefits must be filed within one year. Acting quickly ensures you meet these deadlines and preserve your rights.
What If The At-Fault Driver Is Uninsured?
If the at-fault driver is uninsured, you may be able to recover compensation through your uninsured motorist coverage. This type of insurance is optional in Michigan, so check your policy to confirm whether you have this coverage.
Call Our Detroit Tailgating Accident Attorneys For Exceptional Results
If you or a loved one has been injured in a tailgating accident in Detroit or anywhere in Michigan, our team at Ravid & Associates, P.C. is ready to fight for you. With over 180 years of combined experience, we know how to hold negligent drivers accountable and secure the compensation your case deserves. Your case matters to us, and we’ll work tirelessly to get you more than any other lawyer would.
Contact our Detroit tailgating accident lawyer at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation. Our firm represents clients in Detroit and throughout Michigan. Remember, you won’t owe us anything unless we win your case. Let us help you understand where you stand with your personal injury claim.