Tailgating Is Illegal and Dangerous

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Tailgating causes accidents, many of which could be avoided if drivers simply kept enough distance between their vehicle and the one in front of them. Tailgating is following another vehicle too closely and is dangerous because it can result in rear-end collisions or lead to road rage. Some drivers tailgate because they become frustrated when a car in front of them moves too slowly or cuts them off, or because they are texting, eating, or otherwise distracted. Here, the team at the Law Offices of Michael J. Gopin, PLLC explains the tailgating laws in Texas and what you should do if another driver follows you too closely.

Is Tailgating Illegal in Texas?

Yes, tailgating is illegal in Texas and is explicitly addressed under Transportation Code §545.062. This law mandates that drivers must maintain a safe following distance from the vehicle ahead, allowing them enough time and space to stop without causing a collision. The law emphasizes the importance of this distance to prevent rear-end accidents, which are among the most common types of crashes on Texas roads. Violating this statute by failing to keep a safe distance constitutes a Class C misdemeanor. This offense is punishable by a fine of up to $500. Additionally, repeat offenses or tailgating that leads to an accident could result in more severe penalties, including higher fines and points on the driver’s license. Maintaining a safe distance is not only a legal requirement but also a critical safety measure to protect yourself and others on the road.

Tailgating Accident Statistics

Tailgating car accidents are common throughout the United States. But how many accidents are caused by tailgating? According to the Texas Department of Insurance, rear-end accidents (many of which are caused by tailgating) account for nearly one-quarter of all auto accidents nationwide. These wrecks lead to an estimated 950,000 injuries and 2,000 deaths each year.

Beyond the immediate physical injuries and fatalities, tailgating accidents also result in substantial economic costs. The expenses associated with medical treatment, vehicle repairs, and insurance claims can be overwhelming for those involved. Moreover, tailgating accidents can lead to increased insurance premiums, adding further financial strain on drivers. The emotional toll is also significant, with many victims experiencing lasting trauma, anxiety, and fear of driving after such incidents. Communities and local governments bear additional burdens, as resources are allocated to respond to and manage these accidents. Addressing the root causes of tailgating through public awareness and stricter enforcement is essential to reduce these preventable tragedies.

Why Tailgating Leads to Car Accidents

Some drivers may think tailgating is harmless, but they do not understand how tailgating is dangerous.

Tailgating often leads to accidents because a driver following too closely does not have enough distance to safely stop if traffic ahead suddenly comes to a halt. Furthermore, some drivers do not realize that stopping distance is proportional to the size and weight of a vehicle. For instance, trucks need more stopping distance than passenger cars.

Tailgating can also impair a driver’s perception and reaction time. For example, a driver following too closely may not have time to see a hazard on the road ahead, nor will they have time to physically react to that hazard to avoid a collision.

In addition, tailgating increases the likelihood of chain-reaction crashes, where multiple vehicles are involved in a single incident. This is particularly dangerous in high-speed environments such as highways, where the impact can be severe. Tailgating also creates an environment of stress and aggression on the road, potentially leading to road rage incidents. These situations can escalate quickly, causing drivers to make reckless decisions that further increase the risk of an accident. Drivers who tailgate are often unaware of the psychological pressure they impose on the driver ahead, which can lead to panic and sudden braking, further exacerbating the danger.

What You Should Do If Someone Is Tailgating You

If someone is tailgating you, remain calm and remember the following tips to keep yourself and other road users safe:

  • Maintain your current speed rather than attempting to speed up or slow down, as either action could further aggravate the tailgating driver and worsen the situation.
  • Signal and move to the adjacent right lane as soon as it is safe to let the other driver pass you.
  • If no adjacent lane is available, signal and pull off the road where it is safe and allow the other driver to pass you.
  • Never tap or slam your brakes to send a message to the other driver. Hitting the brakes, or brake checking, while another car is behind you could cause the other driver to crash into you.
  • Stay in the right lane except when passing to reduce the chances of being tailgated by another driver.

Contact a Car Accident Attorney for Help

If you’ve been involved in an accident caused by a tailgating driver, contact the car accident attorneys at the Law Offices of Michael J. Gopin, PLLC today. We can answer your questions and explain your legal options during a free consultation.

Our experienced legal team understands the complexities of tailgating-related accidents and can help you pursue the compensation you deserve for medical bills, lost wages, and other damages. Don’t let the negligent actions of another driver disrupt your life—reach out to us as soon as possible. We are committed to providing personalized legal support and fighting for your rights every step of the way.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...

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