What if the driver who caused my bicycle accident was tailgating another vehicle?
If you were in a bicycle accident in California and the driver who caused it was tailgating another vehicle, you may be able to seek compensation for your damages. Tailgating, also known as “following too closely”, is a form of negligence according to California law. When a driver fails to leave enough space between their vehicle and the vehicle in front of them, they can be deemed negligent and at fault for any collision that takes place. In order to prove that the driver was tailgating, you can request evidence from the police report and witnesses. In addition, you should also obtain any video footage that may have captured the incident. This can be used as evidence to demonstrate that the driver was indeed following too closely. Once negligence has been established, you may be eligible to seek damages for medical expenses, pain and suffering, lost wages, and other financial losses. You may also be entitled to punitive damages in cases where the driver was particularly reckless or showed blatant disregard for the safety of others. It is important to note that the statute of limitations for a bicycle accident in California is two years from the date of the incident. Therefore, it is essential to seek legal help as soon as possible to ensure that your rights are protected and you receive a fair settlement for your damages.
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