If you’ve been involved in a truck accident where tailgating may have played a part, it’s crucial that you speak with an experienced truck accident attorney. A lawyer can explain your legal rights and options for recovering compensation.
What Is Tailgating?
Tailgating is following a vehicle too closely. Under New Mexico law, drivers must not follow other vehicles “more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” Additionally, some types of vehicles are prohibited from following another vehicle within 300 feet of them, such as towing vehicles or vehicles part of a motorcade.
Motorists of passenger vehicles and truck drivers can follow too closely. This is a dangerous driving behavior because the closer you are to the car in front of you, the less time you will have to brake to avoid an accident if the vehicle in front suddenly brakes or stops. Commercial trucks have even longer stopping distances due to their significant weight.
Tailgating can also be a type of aggressive driving. Drivers may feel intimidated or annoyed when others follow too closely and move over so the other driver can pass. Truck drivers in a hurry may use their size to intimidate other motorists.
A Truck’s Blind Spots
Another danger of following a truck too closely is its large blind spots. Because of the trailer they carry, semi truck drivers cannot see various locations surrounding the truck. The truck’s blind spots include:
- Front – Extends about 20 feet in front of the truck
- Back – Extends about 30 feet from the rear of the truck
- Left – Begins at the driver’s side mirror and extends diagonally back to the truck’s rear
- Right – Starts at the passenger side and extends out about 30 feet past the end of the truck
Truck drivers are required to monitor these blind spots. Still, it is good driving practice to avoid being in these so-called “no zones.” A good rule of thumb is that if you can’t see the truck driver in their side-view mirror, they can’t see you.
Who Is Responsible for a Tailgating Accident?
Because New Mexico law requires drivers to maintain a safe following distance from the vehicle in front of them, the tailing driver is usually found at fault when a collision occurs. However, there are times when the front driver may be found at fault, such as if the driver in front was backing up or their brake lights were not working.
Negligent maintenance is responsible for a fair number of truck accidents. Truck drivers are required to complete inspections before getting on the road and periodically thereafter. Trucking companies are responsible for ensuring their trucks are in good working order. An experienced truck accident lawyer can investigate if these parties failed to uphold their legal duties and seek to hold them accountable.
Contact an Experienced Truck Accident Lawyer from Caruso Law Offices
If you were injured in a truck accident that wasn’t your fault, Caruso Law Offices can help. Contact us for a free consultation.