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Avoiding Tailgating Accidents

If you’ve ever been tailgated on the road, you know just how scary it feels to glance in the rearview mirror and see another car only inches away from you. This fear is compounded if you are on the highway or have children riding in the backseat. And, your fears are justified – tailgating causes rear-end collisions, which comprise 29% of all car crashes, according to the National Highway Traffic Safety Administration[1].

We all know that tailgating is when one car follows another car too closely. But just how close is too close? According to the law in Florida, there is not a specific metric that determines if a driver is following too closely, but rather the driver “shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.[2]” So, it’s a judgement call, on a situation-by situation basis.

How You Can Avoid a Tailgating Accident

• Make sure you are not tailgating. Use the three-second rule you learned back in drivers’ ed classes: find a fixed point on the side of the road. When the car in front of you passes it, start slowly counting to three. If you pass the object before you reach “three”, then you are too close to the car in front of you.
• If the weather is bad, allow more even more space between you and the vehicle in front of you since it takes longer to stop on wet roads.
• If you are driving in the left lane and someone is tailgating you, pull into the right lane to allow them to pass.
• If someone is tailgating you, do not brake suddenly or slow down below the speed limit (unless road conditions require that you do so).
• Refrain from making any obscene gestures toward the tailgater. The other driver could be under the influence, have a weapon, or develop road rage. Acting rudely toward them can enflame the situation.
• Call 911 from a hands-free phone if they continue to tailgate or drive aggressively.

Tailgating accidents can cause serious injuries, especially when they occur at high speeds. If you have been injured from someone tailgating and crashing into your car, you are entitled to compensation for medical bills, prescription costs, physical therapy, occupational therapy, rehabilitation, medical supplies, and lost wages. You may also be entitled to receive compensation for your pain and suffering.

Contact ECanter Lawyers for a no-obligation case consultation. We have negotiated settlements and won verdicts worth millions of dollars for clients injured in rear end collisions. Call us today to learn about your rights to recover compensation for your tailgating accident injuries.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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[1] NHTSA. TSF Annual Report Table 29 (dot.gov). Accessed March 4, 2024.

[2] The Florida Senate. Chapter 316 Section 0895 – 2023 Florida Statutes (flsenate.gov). Accessed March 4, 2024.