Albany Tailgating Accident Lawyer

Aggressive driving is a real concern to all commuters on the road. Any unsafe driving behavior that is done with a total disregard for other drivers’ and passengers’ safety falls under the umbrella of reckless driving.

If you or someone you love suffered injuries and other damages in a motor vehicle accident caused by another driver’s tailgating, you could recover your losses. A tailgating accident lawyer in Albany will help you get compensation for medical bills, lost wages, and more.

Morelli Law Firm has 40+ years of combined experience advocating for injury victims. We will investigate the details of your case, determine liability, and negotiate with the insurance company on your behalf. Your Albany car accident lawyer can file a personal injury lawsuit and take the case to trial if necessary. You should not have to face this financial burden on your own.

New York’s Following Too Closely Law

You know all too well the uneasy feeling when a driver speeds up behind you and follows your vehicle too closely in traffic. What if you have to slam on your brakes? What if the other driver’s aggressive behavior escalates? Unfortunately, the situation can end badly. A personal injury lawyer in Albany will guide you through the legal aftermath.

A study conducted by the AAA Foundation found that actions such as tailgating, last-second lane changes, or illegal passing play a role in up to 56% of fatal crashes. Other dangerous examples include distracted driving, exceeding the speed limit, and drunk driving. These negligent driving behaviors can have serious consequences.

Unfortunately, many drivers do not consider the consequences. To deal with this issue, New York passed the Vehicle and Traffic Law (VAT) §1129. The law states that a motor vehicle driver cannot follow another vehicle closer than a reasonable person would.

Drivers have to consider the speed of the other vehicles, traffic, and highway conditions when determining how closely to follow a car. Those convicted of violating the law by tailgating in New York face fines, penalties, and points on their license, which can increase their auto insurance premiums.

Injuries You Can Suffer in a Tailgating Accident

Tailgating accidents not only result in property damage to your vehicle but can end with serious injuries. When another driver tailgates your vehicle, and you have to apply your brakes, the result could be a rear-end collision.

Common tailgating accident injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries (SCIs)
• Neck and back sprains
• Bone fractures
• Loss of limb
• Internal organ injuries
• Internal bleeding
• Burns and scarring
• Disfigurement

Seek medical attention after any tailgating accident. A doctor will be able to diagnose your car accident injury and recommend medical care. You may require several surgeries and weeks or months of physical therapy or rehabilitation before you start feeling normal again.

An Albany tailgating accident attorney will gather all the evidence in your case, including medical records, when building your personal injury claim or lawsuit. This will play a major role in determining a dollar value for your damages and holding the at-fault driver accountable for their actions in civil court. We have extensive legal experience in building evidence-based claims.

Understanding New York’s No-Fault Auto Insurance System

New York is one of only several states that follows a no-fault car insurance system. This means when you are in a car accident, your personal injury protection (PIP) coverage will kick in to cover your medical and other out-of-pocket costs, regardless of the other driver’s negligence.

Your insurance policy will only cover up to the set limits. If your medical bills and other damages exceed the $50,000 basic no-fault limit, you may consider filing a personal injury lawsuit against the at-fault driver. If you choose to do so, the injuries you suffered in the accident must qualify as “serious” under New York state law.

The following accident injuries are considered serious:

• Fractured bone
• Serious disfigurement
• Permanently unable to use a body organ or member
• Severely limited use of a body function or system
• Full disability for at least 90 days

An Albany tailgating accident lawyer will determine if you can step outside New York’s no-fault system. We will carefully review your insurance policy and investigate the accident scene to identify your options for financial recovery. Our legal team has decades of legal experience in navigating the insurance system.

Recoverable Damages in a Tailgating Accident in New York

If you qualify, you can seek economic and non-economic losses in a personal injury claim or lawsuit. An experienced car accident attorney from our team will use all available evidence to show the full extent of your losses.

As a severely injured victim, you could claim the following economic and non-economic damages after a car accident:

• Medical expenses (past, present, and future costs)
• Property damage (such as the cost of preparing the vehicle damage)
• Lost income (due to work missed as a result of the accident)
• Other out-of-pocket costs
• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of consortium (if you lost a loved one as a result of the accident)

Our tailgating accident attorneys in Albany will build an evidence-based case to show all your past and future expenses. Morelli Law Firm will fight to get you fair compensation.

Taking Legal Action After a Fatal Accident

We realize this is a very difficult time for you and your family. If you lost a loved one, an Albany wrongful death lawyer can determine if you are eligible to file a lawsuit against the at-fault driver.

While no amount of money can replace the emptiness left by the loss of a loved one, wrongful death damages can bring financial security to your family. Also, by taking legal action against the at-fault party, you may find closure.

Statute of Limitations in a New York Tailgating Accident Case

The statute of limitations for filing a personal injury lawsuit in a New York civil court is three years from the day of the accident, according to New York Civil Practice Law and Rules (CVP) §214.

If you miss this deadline, the court can dismiss your case. This is why hiring an attorney familiar with the state’s laws and statutes can benefit you while seeking compensation for the damages you have endured.

Call an Albany Tailgating Accident Lawyer for Help Today

Being involved in a tailgating incident can be confusing, and you may not know what to do next. After reviewing your case, we can explain how New York accident laws impact your claim and advise on your next steps. We have extensive experience in helping auto accident victims rebuild their lives.

Our attorneys work on a contingency fee basis, meaning you do not have to pay us anything upfront or out of pocket unless we win a fair settlement for you.

The team at Morelli Law Firm is standing by to assist you. You should not have to struggle through the legal process on your own for an accident you did not cause. Contact us today to share your story. Let us worry about your claim while you focus on healing from your car accident injuries.