What kind of Accidents does following too closely cause?
Following too Closely is the leading cause of rear-end accidents that happen over and over again. Whether you are 150 feet behind someone or 20 feet the driver that engages in following too closely never ends up in a situation where they gain anything. In fact they can only lose by hurting their property and themselves along with hurting innocent people yet in the USA we have an epidemic on our hands.
If you have been in an accident that was caused by a driver Following too Closelycall Betz & Barilwe can help you prove your case and hold the person responsible for your medical bills, lost wages & Pain and suffering.
What do the Tennessee Courts say about following too Closely?
The Following too closely law in Tennessee prohibits drivers from following another vehicle “more closely than is reasonable and prudent.” The measure also requires drivers to have “due regard for the speed of other vehicles, the traffic, and other highway conditions.”
Following a vehicle at a reasonable distance gives drivers enough space to stop and avoid hitting the front vehicle if it suddenly stops. The following too closely law has been challenged unsuccessfully in the past.
Motorists have challenged the Following Too Closely law in the past. A Tennessee Appeals Courtupheld the following too closely law that was challenged on a Constitutional basis but the Court said that the following too closely law passes Constitutional muster.
When is too close breaking the following too closely law?
In Tennessee people are advised to follow the two-second rule. The Comprehensive driver Manual articulates the following:
- When the car in front of you passes a sign post, a building or other stationary point, count the seconds it takes for you to reach the same point.
- Count to yourself, “one-thousand and one, one-thousand and two,” etc. If you reach that same stationary point before you finish counting to at least one-thousand and two, you are following too closely.
- If you are following too closely, increase the space between you and the front car by slowing down.
- Look for another stationary point and repeat the exercise to make sure you are following no closer than two seconds.
Is there anything else I should know about the two-second rule?
Yes, there is and it is going to require the ability to get past counting to two. Fortunately, we can remain on hand one but at night a driver should increase the distance to four seconds and the additional seconds should improve visibility which will allow for safe conditions at night.
How do I prove the rear driver was following to closely?
Helpful evidence to gather when building your case includes:
- A police report of your accident
- Testimony from eyewitnesses to the car accident
- Traffic camera video or surveillance video
- Your medical records that describe the nature and extent of your injuries
- Photographs of your injuries
- write down weather conditions
- keep a journal as to your pain and suffering.
- Photographs of the accident scene
What type of damages are available if I can prove liability?
First are Compensatory Damages:
- Medical expenses
- Hospital bills
- pain and suffering
- Lost wages
- Loss of Consortium
Compensatory Damages are to make the injured party whole. In other words, to compensate for the wrong doing. In some instances such as Driving Under the Influence (DUI), reckless driving and other similar situations punitive damages maybe also come into play. Punitive damages are different than compensatory damages in that they are to punish and deter conduct.
How likely am I to get any of these damages?
There are many factors and just because someone is liable does not mean a favorable outcome as damages and collectability come into play and as a Plaintiff you need all three to recover. Betz and Baril is standing by and ready to assist you in you case against one of these drivers. Just call 865-888--8888.