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Most drivers have, at some point, experienced tailgating or witnessed someone driving too closely to the vehicle in front of them. This practice is both unsafe and dangerous and could easily lead to a rear-end collision.
In this article, we explain what tailgating is, whether it can get you a ticket, and what you should do if you get followed too closely by another vehicle.
What Is Considered Tailgating?
Tailgating is considered driving at an unsafe distance behind another vehicle. Drivers who engage in tailgating are called tailgaters.
How close is considered tailgating?
Although most state laws don’t indicate the exact distance between two vehicles that would be considered tailgating, they usually describe the practice as:
- Driving behind another vehicle more closely than reasonable and prudent in the current circumstance, or
- Failing to leave enough space in front of you for another vehicle to enter that space safely.
The definition of a safe distance between two vehicles depends on a number of factors, such as speed, vehicle type, as well as weather and road conditions.
Under ordinary circumstances, you should maintain a two-second following distance to the vehicle in front. It will allow you to notice potential hazards on time and avoid having to brake in an emergency.
To measure two seconds’ worth of distance, pick any fixed point ahead and check that your car reaches it two seconds after the vehicle in front of you did.
In some circumstances, it may be necessary to leave more distance between vehicles, for example:
- When driving at night
- When driving on high-speed roads
- When the road is wet or icy
- When you’re following a large vehicle like a truck or a semi-trailer
- When visibility is limited due to fog, rain, snow, dust, or smoke.
At night, you should allow at least three seconds following distance and at least four seconds in bad weather conditions.
Why do people tailgate?
Tailgating is often done by drivers who are simply unaware of the risks involved in this practice. They consider themselves to be safe drivers who obey the rules and are unintentionally putting themselves and others in danger. Besides negligence, there are several other reasons for tailgating, such as:
- Following too closely out of frustration and impatience when a driver is in a hurry and wants to get ahead of another vehicle as quickly as possible.
- Overestimating one’s own driving skills.
- Trying to cut someone off to do a lane change.
- Driving in heavy traffic where it may be difficult to keep distance.
- Drafting or driving very close behind a larger vehicle in an attempt to increase gas mileage by reducing drag.
- Driving too closely to avoid separation when traveling with another car or group of cars in a convoy.
- Intimidation, retaliation, impatience, or road rage.
There are several different types of tailgaters. Let’s see what they are.
Types of Tailgaters
Unaware drivers
Unaware drivers believe that they are driving safely. They don’t pay attention to following distances and are completely unaware that they’re driving too close to the car in front of them.
Ignorant drivers
Ignorant drivers don’t understand the danger of tailgating. They simply don’t know that being too close to the car in front of them is dangerous and that if the car unexpectedly brakes, they could end up causing a rear-end collision.
Distracted drivers
Distracted drivers are aware of the dangers of tailgating but they don’t realize they are driving too close to the vehicle in front of them. They may be distracted by a radio program or talking to someone on the phone, not noticing that they are tailgating.
Complacent drivers
Complacent drivers know that tailgating is dangerous but choose to do it anyway, because they are in a hurry, for example.
Aggressive drivers
Aggressive drivers use tailgating as a means of bullying to intimidate the driver in front of them. They may also flash headlights, shout, make gestures, or otherwise signal to the driver ahead of them to move out of the way. In its worst form, tailgating is considered road rage.
Below, we look at the reasons why tailgating is so dangerous and the legal consequences of following another vehicle too closely.
The Dangers of Tailgating
Tailgating greatly increases the risk of rear-end collisions. If you follow the vehicle in front of you too closely, you won’t have time to react if things change rapidly. You may be forced to do an emergency stop in order not to hit the back of the car.
Another reason that tailgating is so dangerous is that it limits the visibility of the road. The closer you are to the vehicle in front, the less you can see what is going on in front of it. You are less likely to notice upcoming hazards and might not have enough time to react safely. What’s more, if any other vehicles are driving too close behind you as well, tailgating could lead to a pile-up accident.
Tailgating statistics
Tailgating is among the leading causes of motor vehicle accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), following a vehicle too closely causes over 30 percent of all rear-end collisions. Every year close to one million injuries and 2,000 deaths are caused by tailgating. The state with the most tailgating violations is Idaho with 76 drivers cited for tailgating per 10,000 motorists, followed by Georgia, Nebraska, Utah, and Virginia.
Tailgating is clearly a dangerous practice, but is it illegal? Let’s take a look.
Is It Illegal to Tailgate?
Tailgating is considered illegal in most states. Depending on the law of the state where you receive the ticket, following too closely may be considered a traffic infraction or a misdemeanor. Typically, if you are convicted, you will have to pay a fine and have demerit points assessed to your driving record. In some states, a tailgating ticket can also lead to jail time, although this is not common.
Because there is so much subjectivity involved in the practice, however, it is often possible to have a ticket dismissed. If the driver can show that there were extenuating circumstances involved, they may be able to avoid being fined or accumulating points on their license.
Tailgating fines and penalties by state
| State | Tailgating fine | Points assessed |
| Alabama | $190 | 3 |
| Alaska | $100 | 4 |
| Arizona | $115 | 2 |
| Arkansas | $250 | 8 |
| California | $238 | 1 |
| Colorado | $150 | 4 |
| Connecticut | $100-$150 | 4 |
| Delaware | $100-$300 | 2 |
| District of Columbia | up to $1,000 | 2 |
| Florida | $60 | 3 |
| Georgia | $175 | 3 |
| Hawaii | $97 | n/a* |
| Idaho | $155 | 3 |
| Illinois | up to $1,000 | 25 |
| Indiana | $500 | 6 |
| Iowa | $135 | 0** |
| Kansas | $75 | n/a |
| Kentucky | $163 | 4 |
| Louisiana | $104 | n/a |
| Maine | $152 | 2 |
| Maryland | $500 | 2 |
| Massachusetts | $100 | 2 |
| Michigan | $125 | 2 |
| Minnesota | $135 | n/a |
| Mississippi | $ 173 | n/a |
| Missouri | up to $1,000 | 6 |
| Montana | $100-$150 | 2 |
| Nebraska | $50 | 1 |
| Nevada | $305 | 4 |
| New Hampshire | $100 | 3 |
| New Jersey | $85 | 5 |
| New Mexico | $151 | 3 |
| New York | $150 | 4 |
| North Carolina | $35 | 2 |
| North Dakota | $40 | 3 |
| Ohio | $150 | 2 |
| Oklahoma | $ 285 | 2 |
| Oregon | $355 | n/a |
| Pennsylvania | $125 | 3 |
| Rhode Island | $85 | n/a |
| South Carolina | $25-$200 | 4 |
| South Dakota | $120 | 2 |
| Tennessee | $111.50 | 3 |
| Texas | $175 | 2 |
| Utah | $750 | 60 |
| Vermont | $271 | 3 |
| Virginia | $250 | 4 |
| Washington | $200 | 2 |
| West Virginia | $100 | 2 |
| Wisconsin | varies by county | 3 |
| Wyoming | $200 | n/a |
* These states don’t have a driver’s license points system.
** Iowa doesn’t assess points for minor traffic violations.
Exceptions to tailgating restrictions
Tailgating laws usually specify that driving too close to another vehicle is not permitted when conditions allow keeping a safe distance. However, you are not expected to leave a significant space in front of your vehicle while driving in very dense traffic. In addition, the tailgating laws of most states contain exceptions for funeral processions and other lawful motorcades.
Here’s what you can do should you find yourself being tailgated.
What to Do if Someone Is Tailgating You
Stay calm
No matter what the other driver’s reason for tailgating is, it’s essential to remain calm. You should keep driving normally, even if the driver is honking the horn, flashing their lights, shouting, or making gestures at you. Avoid eye contact and don’t use threatening hand gestures. Getting upset and angry could distract both you and the other driver from the road and ultimately lead to a rear-end accident.
Focus on the road
When someone is driving too closely behind you, it is easy to get distracted. However, in order to stay safe, you have to keep paying attention to all potential hazards and not just the driver tailgating you.
Allow tailgater to overtake
A tailgater may be looking for an opportunity to overtake and you should ideally maintain a constant speed—preferably well under the speed limit—giving them the opportunity to do so. If it’s safe, try to increase the gap between you and the vehicle in front.
Alternatively, you may want to pull to the side of the road or at a petrol station. Avoid pulling over to the shoulder or into an emergency lane as this can create a roadway hazard. If you decide to pull over, change your speed well in advance and signal early so the tailgater is aware of your intentions.
Keep distance
Stay away from tailgaters by being aware of the behavior of other drivers on the road. If you see someone driving too close to another car ahead of you or in a lane beside yours, try to stay as far away as possible.
Check your driving
Make sure you’re not doing anything that could provoke tailgating behavior.
Call the police
If someone is tailgating you, you may want to call the police. Most state laws allow cell phone use in emergency situations. The police will either respond to the scene or give you advice on how to deal with the tailgater.
Don’t speed up
Don’t speed up and break the speed limit in order to increase the gap between you and the tailgater. By doing so, you will be breaking the law.
Don’t slow down
Don’t use your vehicle to force a tailgater to slow down. This could potentially trigger road rage and increase the risk of a collision.
Don’t get distracted by the tailgater
Don’t get distracted by the driver behind you. While you may be tempted to see who is tailgating you by looking in the rear-view mirror, this means that you’re taking your attention off the road and putting yourself and others in danger.
Don’t make it difficult for a tailgater to pass
Making it difficult for the tailgater to pass can be dangerous and lead to a hazardous situation. Instead, you should continue to drive safely and maintain a two-second gap once the tailgater overtakes.
Don’t provoke a tailgater
You might be tempted to keep hitting your brakes to stop a car from tailgating you. However, this practice is extremely dangerous and could cause road rage. If you’re concerned for the safety of yourself or others on the road, pull over and call local authorities to report an unsafe driver.
Another extremely dangerous practice is brake checking a tailgater. Read on to learn more.
Brake Checking a Tailgater
Brake checking or brake testing is the act of deliberately and unnecessarily slamming on your brakes when someone tailgates you. Brake checking will make the driver of the vehicle behind you push on their own brakes or swerve out of the way to avoid an accident.
This practice is quite a common occurrence, albeit a very dangerous one. The driver behind you may get angry and start driving aggressively or you could catch them off-guard and end up in a rear-end collision.
Why do people brake check?
If brake checking is so dangerous, you may be wondering why some drivers do it. There may be several reasons behind this practice:
- People may brake check as a response to being tailgated.
- Brake checking is sometimes an act of road rage where an angry driver overtakes the vehicle in front and slams on the brakes before speeding off again.
- Some drivers brake check as an attempt to commit insurance fraud, in other words, they intentionally cause a collision to get an insurance payout for the damages.
Who is at fault if brake checking ends in a collision?
As a driver, you have the responsibility to maintain a safe distance from the vehicle in front of you. If the car in front of you suddenly brakes, there must be enough room left for you to stop safely. That’s why, in case of collision, the fault is usually placed on the driver who rear-ended the vehicle in front.
However, when an intentional brake check causes a rear-end collision, the driver who caused a dangerous situation is at least partially at fault for the accident. In some circumstances, brake checking may be considered a type of road rage which in itself is illegal because it is a form of reckless driving.
Below are some useful tips on what you can do to avoid tailgating others.
Tips to Avoid Tailgating Others
- Stay alert and aware of nearby vehicles.
- Remain calm so that you can make safe and informed decisions.
- Don’t drive when tired, as fatigue can negatively impact your ability to respond to brake lights.
- Make sure to perform routine maintenance of your vehicle. Even if you are an attentive driver, you won’t be able to avoid rear-end collisions if your brakes fail.
- Pay attention to distances if you’re driving in heavy traffic.
- You should be able to anticipate hazardous situations that may cause the vehicle in front of you to suddenly stop.
- Travel at a speed that allows braking safely should the vehicle in front of you suddenly stop.
- Allow at least two seconds of space between your vehicle and the car in front of you.
- Allow more distance when following a motorcycle or large vehicle such as a truck.
- Be patient with slow drivers.
- Drive slowly in poor weather conditions and double the recommended amount of distance between your vehicle and the one you are following.
- Use extra caution when approaching intersections, stop lights, and when changing lanes.
- Maintain a safe and consistent speed at all times to make it easier for fast drivers to pass you.
- Don’t speed up when someone else is tailgating you.
- Avoid the temptation to follow the car in front of you closely. If you are in a hurry, safely change lanes when you get a chance.
- Do not engage in aggressive or negligent driving that may lead to poor decisions and cause accidents.
- If you’re driving in a convoy, use a satnav instead of relying on following another vehicle for directions. Agree on a meet-up point in advance.
- If you commonly find yourself at risk of tailgating, consider finding an alternate driving route to your destination. Remember that tailgating often occurs on highways during rush hours.
