Tailgating Is Illegal and Dangerous

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?

Under Transportation Code §545.062, drivers must maintain a clear distance from the vehicle ahead to stop safely without colliding with it or another vehicle. Failing to maintain a safe following distance constitutes a Class C misdemeanor and carries a penalty of a fine of up to $500.

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.

Why Tailgating Leads to Car Accidents

Some drivers may think tailgating is harmless, but they do not understand the real dangers of tailgating. 

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. 

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. Either maneuver could further irritate the tailgating driver and make the situation worse.
• 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.

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...