REAR-END AND TAILGATING ACCIDENTS

Driver Distraction and Tailgating – Two Leading Causes of Rear-End Collisions

A rear-end collision occurs when the driver in the rear fails to react when the lead driver stops or slows. This usually happens because the rear driver is distracted for any number of reasons:

• The driver was eating or drinking.

• The driver was inattentive and daydreaming.

• The driver’s eye was caught by something.

• The driver was interacting with a passenger.

• The driver was involved in an activity related to driving the vehicle, such as checking or adjusting the mirrors.

• The driver was distracted by the radio.

• The driver was talking or texting on the cellphone.

Tailgating occurs when the driver driving behind another vehicle fails to leave enough distance between the two vehicles in case of a sudden stop. A driver should always follow the “three second” rule when driving behind another vehicle. To follow this rule, the rear driver should pick an object in front of both vehicles. The car in the front and the car in the rear should pass the object no less than 3 seconds apart. If road or weather conditions are poor, the number of seconds should be increased. Aside from aggressive driving, rear drivers may also tailgate for any of the following reasons:

• Driver is impatient.

• Driver is having visibility issues.

• Driver is running late to an appointment or work.

• Driver is inexperienced.

• Driver is not paying attention.

Other Common Causes of Rear-End Collisions

Rear-end collisions are also commonly caused for the following reasons:

• The rear driver is fatigued.

• The driver of the rear car is speeding.

• A driver is under the influence of drugs or alcohol.

• A driver may be driving carelessly/recklessly.

• A driver is affected by a defective auto part, such as brake failure.

• A driver is driving in an aggressive or reckless manner.

• Surface and weather conditions affect tire traction.

Who Is at Fault in a Rear-End Collision?

The Louisiana law governing rear-end collisions is La. R.S. 32:81(A) which states:

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.

This law creates a presumption that the rear-ending driver is at fault and will be found negligent.  Despite this presumption, there are some circumstances that may show that the rear-ending driver was not at fault.

Rear-Ending Driver Is Negligent if He/She Was:

• Driving distracted rather than paying attention to potential hazards.

• Unable to maintain control of the vehicle.

• Following at an unsafe distance.

• Unable to stop the vehicle in a timely manner.

• Failing to yield to the other vehicle’s right-of-way.

• Driving while intoxicated.

• Exceeding the posted speed limit.

Front Driver Is Negligent if He/She:

• Has taillights or brake lights that do not work properly.

• Stops or slows unexpectedly for no valid reason.

• Pulls or turns into the next lane without using the proper signals.

• Does not completely get off the road while attempting to deal with a vehicle breakdown.

• Reverses a vehicle in the roadway.

Potential Injuries Caused by Rear-End Collisions

If you are ever involved in a serious rear-end collision, you should never state that you are uninjured to the other driver or anyone else at the scene of the accident.  Some injuries may take weeks before symptoms first appear.  For this reason, you should simply give information regarding how the accident occurred to the investigating police officer.  You should also speak to a personal injury attorney before giving a recorded statement to any insurance company.

Common rear-end accident injuries include:

• A concussion.

• Various types of sprains and strains of the muscles and joints.

• Injuries related to the seat-belt.

• Cuts and fractures to the arms and legs.

• Cuts and lacerations to the face.

• Dislocated joints.

Rear-end collisions often cause serious injury to the neck, back, and head.

• Whiplash affects the neck and is a painful soft tissue injury that may cause some of the following symptoms:

  • Pain and stiffness of the neck

  • Arm pain and shoulder stiffness

  • Headaches

  • Blurred vision

  • Dizziness

• Common back and neck injuries are:

  • Vertebra compression fractures

  • Herniated discs

  • Spondylolisthesis (your vertebra become misaligned)

  • Spinal cord injuries, which can lead to

    • Reduced sensation and/or strength

    • Muscle spasms and/or loss of muscle control

    • Loss of bowel and/or bladder control

    • Partial or complete paralysis

  • When it comes to your head, aside from a concussion or facial injury, you could potentially suffer a traumatic brain injury (TBI). TBI symptoms include:

    • Seizures

    • Headaches that get progressively worse

    • Memory lapses and/or trouble staying focused

    • Slurred speech

    • Combativeness and/or changes in personality

    • Tinnitus (ringing in the ears)

Louisiana Rear-End Accident and Wreck Attorney

Donald D’Aunoy Jr. “Lawyer Don” is a Louisiana Rear-End Collision and Wreck Attorney.  His main office is in Metairie, Louisiana.  However, he represents clients throughout Louisiana.  He makes free house calls to all of his clients at no extra charge.  If you or a loved one has been involved in an rear-end automobile accident, contact Lawyer Don today for a free case evaluation.

Metairie Rear-End Accident and Wreck Attorney

Lawyer Don’s main office is located at 1000 Veterans Boulevard, Metairie, LA 70005 on the second floor in suite 203.  The office is in the heart of Metairie.  However, Lawyer Don makes free house calls to clients within Metairie that do not have transportation or are unable to travel due to their injuries.

Kenner Rear-End Accident and Wreck Attorney

Lawyer Don routinely represents Kenner victims injured in rear-end automobile accidents.  Lawyer Don’s Metairie office is located minutes away from Kenner.  Furthermore, Lawyer Don makes free house calls to his Kenner clients.  Lawyer Don’s mission is to make legal representation as convenient as possible for his clients.

Harvey, LA and Westbank Rear-End Accident and Wreck Attorney

Lawyer Don’s satellite office is in Harvey, Louisiana at 1901 Manhattan Boulevard, #313, 70058.  The office is in the heart of the westbank.  However, Lawyer Don makes free house calls to all clients living on the Westbank that do not have transportation or are unable to travel due to their injuries.  Lawyer Don routinely makes house calls to Westbank cities like Gretna, Marrero, and Terrytown.