Following too closely, or tailgating, represents a significant hazard on San Marcos roadways, particularly during rush hour traffic on Interstate 35 and along major arteries like Hopkins Street and Aquarena Springs Drive. This dangerous practice occurs when drivers fail to maintain a safe following distance, typically less than the recommended three-second gap between vehicles. When sudden stops or slowdowns occur, tailgating drivers often cannot react in time to prevent rear-end collisions. These accidents commonly result in whiplash, neck injuries, back trauma, and even traumatic brain injuries from sudden deceleration. Additional risk factors include adverse weather conditions, distracted driving, and aggressive driving behaviors. Victims of tailgating accidents may pursue personal injury claims to recover compensation for their injuries, particularly when there is clear evidence that the following driver failed to maintain a safe distance as required by law.

Legal Rights and Considerations

Texas Transportation Code § 545.062 requires drivers to maintain a safe following distance, considering factors like speed, road conditions, and traffic. In San Marcos tailgating accidents, the rear driver is often presumed at fault, though this presumption can be challenged with evidence. Texas follows a modified comparative negligence system with a 51% bar rule. The two-year statute of limitations applies to these claims, starting from the accident date. Texas requires minimum liability coverage of $30,000 per person and $60,000 per accident for bodily injury. Victims may seek compensation for medical bills, lost wages, vehicle damage, pain and suffering, and future medical expenses. Key evidence includes police reports documenting following distance violations, dash cam footage, witness statements, and expert testimony about safe following distances. An experienced Texas personal injury lawyer will handle all aspects of the legal claim.

A tailgating driver can cause all kinds of crashes - click the links below to learn about legal claims from lawyers including:

• San Marcos drunk driving accident lawyer;
• San Marcos distracted driving crash attorney;
• San Marcos rear-end crash law office;
• San Marcos weather related accident attorney;
• San Marcos reckless driving accident law firm;
• San Marcos hit-and-run crash lawyer;
• San Marcos uninsured motorist accident attorney;
• San Marcos reckless driving accident lawyer.

Related Resources

Local Courts:

• Hays County District Court
• Hays County Justice of the Peace Courts
• San Marcos Municipal Court

Victim Support Services:

• Hays County Victim Services Division
• Central Texas Medical Center Trauma Services
• San Marcos Police Department Victim Services Unit

Legal References:

• Texas Transportation Code (Title 7, Subtitle C)
• Texas Department of Public Safety Driver Handbook
• Texas Civil Practice and Remedies Code (Chapter 16)

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