Yes, you can prove a car was following too closely in a car accident. It would be easier to prove you were rear-ended in an accident if a police officer cited the other driver for tailgating. If no ticket was issued, witnesses or video footage from the accident scene could prove the other driver was at fault.
As noted above, several avenues are available to show another driver followed you too closely, causing an accident. You can hire a personal injury attorney to help you prove your case and recover damages you suffered in the accident.
How Ohio Handles Rear-End Accident Investigations
According to Ohio Revised Code Section 4511.34, any driver following another vehicle must not follow the vehicle more closely than “is reasonable and prudent.” The statute does not specify a distance that fits this definition.
This means you and your car accident personal injury attorney can use the facts in the case to show the driver who rear-ended you was not being prudent enough when selecting the distance at which to follow you. This would show fault on the part of the other driver.
The Other Driver Was Going Too Fast
Additionally, Ohio Revised Code Section 4511.21 says drivers must travel at a speed that allows them to stop in time to avoid accidents. When selecting a speed to travel, the driver must consider weather conditions, road conditions, traffic patterns, and the width of the road.
Should a driver hit your car from behind, we can attempt to prove the other driver was following too closely because of the excessive speed at which the other driver was traveling. If conditions warranted a slower speed than normal, we could use this information in your injury claim.
Careless Driving By the Other Driver
Sometimes, the other driver may claim they were traveling at a safe speed at a safe distance behind your car. However, if we can use the facts in the case to show the other driver was behaving carelessly, we can show the other driver is at fault.
The other driver may be acting carelessly or recklessly by texting while driving, making a phone call, pressing radio buttons, or eating in the car. Any of these actions could show fault for the other driver, giving you the chance to seek damages with a personal injury claim.
After a rear-end collision, the other driver may try to claim their vehicle malfunctioned, leading to the crash. Maybe the other driver will say the vehicle’s tire blew just before the crash, causing a loss of control, or they may claim the vehicle’s brakes failed.
We still can use this information to show negligence on the other driver’s part. We may be able to prove the driver needed to take better care of their motor vehicle and that proper maintenance would have made the accident avoidable.
The Other Driver Claims You Made an Error
To avoid taking blame for the rear-end crash and following too closely, the other driver may try to say you made an error while driving.
Maybe the other driver will claim you failed to signal an upcoming turn, meaning they could not have known you would slow down. They may try to say your brake lights malfunctioned, resulting in the crash.
We can counteract these accusations by showing your car’s taillights were working at the time of the crash. If your taillights suffered damage in the crash, we may be able to find and interview witnesses who can confirm the taillights were working.
How Police Investigating the Crash Handle Someone Following Too Closely
If another driver hits you from behind, the police officers investigating the crash are likely to issue a traffic ticket to the other driver. Once a ticket is part of the case, it becomes far easier for our team to show the other driver is at fault for the accident.
Traffic tickets are not part of every Ohio rear-end collision investigation, but police do issue them quite often when one driver hits another from behind.
Should law enforcement officers refuse to write a ticket to the driver who rear-ended you, this makes it a little more challenging to prove the other driver was following you too closely. However, we have some techniques we can use, including interviewing witnesses and reviewing any video of the scene, to try to prove the other driver was at fault.
Call the Fitch Law Firm LLC For a Free Consultation
In many cases, proving the other driver is at fault after they hit your car in a rear-end collision is possible. Should the facts in the case be in dispute, however, the team at the Fitch Law Firm LLC is ready to represent your interests.
For a free, no-obligation consultation, contact our team as soon as possible at (614) 545-3930.
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