Do I Need a Truck Accident Lawyer for Wrecks Caused by Tailgating?

When a commercial truck rear-ends another vehicle, the legal and factual issues involved often go far beyond a typical rear-end collision. Federal trucking regulations, maintenance logs, and electronic data may all come into play, resulting in a complex situation for everyone involved. A tailgating truck accident lawyer can help you protect your rights.

You may assume that liability would automatically be assigned to the truck driver if they rear-end you. Sadly, a semi-truck collision is rarely so straightforward.

Crashes involving 18-wheelers can easily result in catastrophic injuries, complex liability questions, and the potential for multiple defendants. This can all make it difficult to recover the compensation you need and deserve for damages.

At Burg Simpson, we provide truck accident victims in Colorado with the legal guidance and support they need. We have been serving clients in Denver, along the Front Range, and throughout Colorado for over 45 years, recovering more than $2 billion in compensation for our clients.

Get the legal counsel you need from an experienced tailgating truck accident lawyer. Call 303-792-5595 today for a FREE case evaluation.

What Is Tailgating?

Tailgating, also referred to as “following too closely,” is when a driver leaves an unreasonably short distance between their vehicle and the vehicle in front of them. What is “unreasonable” depends on a variety of factors, including:

• Speed
• Traffic congestion
• Road conditions
• Weather
• And more

Commercial truck drivers need to factor in additional hazards posed by the weight of the vehicle and their cargo. Large, heavy trucks have longer stopping distances than the average passenger vehicle.

All of this may still seem like a subjective measurement, but the Federal Motor Carrier Safety Administration (FMCSA) publishes recommendations for safe following distance:

“If you are driving below 40 mph, you should leave at least one second for every 10 feet of vehicle length. For a typical tractor-trailer, this results in 4 seconds between you and the leading vehicle. For speeds over 40 mph, you should leave one additional second.”

Does Colorado Have Laws Against Tailgating?

Yes, under C.R.S. § 42-4-1008, drivers in Colorado (including truck drivers) are prohibited from following other vehicles more closely than is “reasonable and prudent.” In determining what distance is reasonable, drivers must take into account factors such as speed, traffic, and road conditions.

Beyond the subjective “reasonable and prudent,” the law also states that tailing drivers should always “leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger.” Failing to uphold this statute constitutes a class A traffic infraction under Colorado law.

Can You Sue a Truck Driver for Tailgating?

Yes, if a truck driver fails to use reasonable care on the road, including not leaving enough space between their vehicle and the vehicle ahead of them, then they can be held liable for damages if their tailgating causes an accident.

A tailgating truck accident lawyer can explore the liability of additional defendants, including:

• Trucking companies
• Maintenance companies
• Shippers and loaders

For example: The truck driver may have been following too closely because he or she was driving while drowsy. Sometimes, truck driver fatigue is caused by trucking companies that push their drivers to exceed the FMCSA’s hours of service regulations.

If we can establish this to be the likely root cause of the accident, then we may be able to pursue additional compensation from the trucking company. Strong evidence is required for these claims, including:

• Vehicle black box data
• Driver logbooks and hours-of-service records
• Maintenance and inspection logs
• Witness statements
• Police reports
• And more

This is why a thorough investigation is absolutely critical in any truck accident claim. Your case is often only as good as the evidence you can collect to support it.

Why Truck Accidents Caused by Tailgating Are So Serious

The average passenger vehicle weighs about 4,000 pounds, which is plenty of weight to cause serious damage at high speeds. However, compare this to the weight of a commercial truck, which can legally be up to 80,000 pounds when fully loaded. The difference clearly illustrates why rear-end truck accidents are so dangerous.

When a truck driver collides into the back of a passenger vehicle, it can lead to a wide range of serious injuries:

• Brain injuries
• Spinal cord injuries
• Burn injuries
• And more

These injuries are extremely painful, potentially deadly, and very expensive to treat. As such, truck accident victims often face steep damages, including:

• Medical bills
• Prolonged rehabilitation
• Lost income
• Long-term disability
• Pain and suffering
• Diminished quality of life

The costs of these and other damages are often extremely high. It is crucial to consult a truck accident lawyer for wrecks caused by tailgating to ensure your rights are protected.

Why You Need a Truck Accident Lawyer for a Tailgating Wreck

When pursuing compensation for damages, there are a few key areas where a tailgating truck accident lawyer’s knowledge and experience can be indispensable:

• Determining liability: Because of how complex the rules and regulations around commercial trucking are, a thorough understanding of how they apply to truck accident claims is crucial. If you fail to identify the liable parties quickly, you may lose valuable time and weaken your claim before you even truly begin building it.
• Gathering evidence: Knowing how to gather complex evidence is also a critical part of establishing negligence and, therefore, liability. An experienced truck accident lawyer will be able to act swiftly to identify and secure pivotal evidence for your claim.
• Negotiating with insurance companies: Insurers for the truck driver, trucking company, and other parties will generally put up a staunch defense to minimize or even outright deny responsibility for the accident. They may offer a low-ball settlement to try to resolve the matter as quickly as possible. A good truck accident attorney will know how to hold negligent parties and their insurers accountable.

Defendants, as well as their insurers and attorneys, do not have your best interests in mind. Their sole focus is paying as little compensation as possible.

Hiring your own tailgating truck accident lawyer levels the playing field and gives you the backing you need to ensure your rights and well-being are prioritized. A knowledgeable attorney’s combination of legal insight, resourceful know-how, and hands-on experience is highly beneficial for securing a successful outcome. 

Talk to a Tailgating Truck Accident Lawyer Today

Far too many people believe that the tailing driver is automatically at fault for an 18-wheeler crash. The question can be much more complicated than you might think, making experienced legal representation a must for recovering the full compensation you deserve.

If you have been involved in a truck accident and have questions about what to do next, contact Burg Simpson today for a FREE case evaluation. As highly experienced Denver truck accident lawyers, we understand the complexities involved in these claims. We are here to fight for you.

We are Good Lawyers. Changing Lives.®. You can rest assured that we will have your and your family’s best interests in mind throughout the entirety of the case.