Who Is Liable in a Tailgating Accident?

Any driver knows that there’s very little on the road more annoying than someone tailgating your car. And tailgating isn’t just annoying; it’s dangerous. According to the National Highway Traffic Safety Administration, 33% of motor vehicle accidents are rear-end collisions. Tailgating collisions in Florida and around the country can result in serious damage to vehicles and horrific injuries or even death. Drivers should never forget that the vehicle they are driving is a massive weapon that can kill people in seconds.

What Is Tailgating According to Florida Law?

What exactly is tailgating? According to Florida law, Tailgating is following another vehicle too closely. It’s hard to pinpoint exactly what “too closely” is, but most experts agree that standard driving practice is to leave two car lengths between your vehicle and the vehicle in front of you. If you don’t leave at least one car length between you and another vehicle, that’s tailgating. Another way to ensure that you are leaving enough space between your car and the car in front of you is to choose a fixed point on the road like a mile marker, building, or even a tree. When the vehicle in front of you goes past that fixed point, start counting in seconds. When you pass the fixed point, stop counting. You should be able to count to three or more before you reach the fixed point. If you don’t finish counting to three before reaching the fixed point, then you are driving too close to the car in front of you.

Is Tailgating Illegal?

Tailgating is illegal. Even though it happens every day and most drivers don’t consider it a big deal, tailgating is dangerous and illegal. According to Florida law, tailgating is a moving violation, similar to speeding or driving under the influence. If a driver in Florida is tailgating and is stopped by a police officer, they can be handed tickets, fined, and have points added to their license. If the driver is a repeat offender, they may even have their license taken away or suspended for tailgating. If a driver is tailgating and causes an accident, they may face additional serious charges, especially if they cause injuries to another driver because they were tailgating.

If Someone Is Tailing You, What Should You Do?

You know that you shouldn’t tailgate other cars, but what should you do if someone tailgates you? What should you do if someone is tailgating you and causes an accident? To start with, if you don’t have a dashcam or a mirror cam,  it’s a good idea to get one. They are very affordable and will automatically start recording when you start driving. A mirror cam will record both in front of you and behind you, so if someone tailgates you, you will have a recording of that. If that person is tailgating you and causes an accident, having proof can help you get the damages you deserve. But whether or not you have a dashcam or mirror cam, always do these things if someone is tailgating you:

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Don’t React Angrily

It’s very tempting to get angry with the driver tailgating you and yell or curse at them or make gestures at them. You also may want to slow down to a crawl or hit your brakes and “brake check” them. Don’t do any of those things. You never know what the other driver’s mental state is. They could be under the influence. Or they could be armed. Or both. There have been cases where drivers ended up following people to their homes or starting fighting with them because they reacted angrily to being tailgated. Be the bigger person and let it go.

Move over and Let Them Pass

If someone is tailgating you, they could be in a hurry or think they are in a hurry. The best thing you can do is move over and let them pass you. In most cases, this will solve the problem, and even though you may be irritated, it ensures that you won’t end up putting yourself in a dangerous situation.

Call the Police

Using hands-free calling, you should call the police and report the tailgater. If you can give the police the car's license plate, that will help them identify the tailgating driver. If you can't provide the car's license plate, give them a description of the vehicle and the location where you are. Let the police handle the tailgater and give them a citation. BK Law offers a free consultation and case evaluation for car accident victims. Contact us now if you have been the victim of a rear-end collision. We have helped a wide range of accident victims get the compensation they deserve. We can help you file a personal injury claim and even sue the at-fault driver if necessary.