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Tailgating is one of the most dangerous driving practices anywhere in the United States. Each year, countless people are injured or killed as a result. For that reason, traffic courts in Florida tend to strictly punish tailgating violations. To help yourself get out of such a ticket or to avoid one in the first place, there are a few things you’ll need to know.
What Are the Laws on Following Too Closely in Florida?
Florida Statute §316.0895 states that no person shall “follow another vehicle more closely than is reasonable and prudent.” The law goes on to require all drivers to take due care to account for the speed of traffic and the condition of the roadway when considering whether any following distance is “reasonable and prudent.”
Types of Tailgaters
When you think of tailgaters, your first thought might be about aggressive drivers. But there are plenty of other reasons people tailgate. They could be ignorant of the law, unaware of the fact that they’re breaking the law, distracted, complacent, aggressive, or yet something else.
Ignorant Drivers
Drivers who don’t know that tailgating is illegal or don’t know what a safe following distance is are considered ignorant drivers. These drivers often have less driving experience than other drivers and don’t have a firm grasp on the law. They tailgate not out of malice but out of ignorance, not knowing what they’re supposed to be doing instead.
Unaware Drivers
Drivers who know that tailgating is illegal but aren’t aware that they’re tailgating are unaware drivers. These drivers tend to have more experience than ignorant drivers but less than other drivers. Oftentimes, they know what tailgating is but aren’t aware that they’re actually still breaking the law.
Distracted Drivers
Drivers that focus on their phones or other devices instead of the road are distracted drivers. These drivers often get lost in conversation, habitually check their phones, fiddle with their radios, etc., all of which can cause them to accidentally tailgate other drivers.
Complacent Drivers
Drivers that were taught how to drive by habitual tailgaters and have adopted that style of driving are one example of complacent drivers. These drivers know that tailgating is illegal and what a legal following distance is but choose to tailgate anyway.
Aggressive Drivers
Aggressive drivers are the most dangerous type of tailgaters. Not only do they tailgate intentionally, they do so with the intention of coercing other drivers into doing what they want (often to get out of their way). This kind of behavior is not just grounds for a tailgating ticket in Florida, it’s also grounds for a road rage or reckless driving charge.
How Much Is a Tailgating Ticket in Florida?
Tailgating tickets in Florida tend to run about $60 in direct fines. These fines can accompany additional fees, surcharges, court costs, and other civil liabilities as well—it all just depends on the specific circumstances surrounding your tailgating conviction.
You might also have to deal with your car insurance premiums being 22.5% higher for the next three years. On average, that results in an additional cost of about $1,636.88.
How Far Apart Do the Cars Need To Be To Not Be Considered Tailgating?
There’s no concrete restriction on how far apart cars need to be in Florida. As long as the distance is considered “reasonable and prudent,” you’ll be A-okay. That does, however, require that you vary your distance depending on the speed of traffic and the condition of the roadway.
How To Avoid a Tailgating Ticket
If you’ve read the “Types of Tailgaters” section above and thought, “Wow, that sounds a little too much like me,” then we have a few tips and tricks that might help you out. The items outlined below describe four great ways to avoid getting a tailgating ticket in the first place.
Focus on the Road
Focusing on the road is always a good idea, no matter what kind of ticket you’re trying to avoid. Paying attention to your surroundings is a great way to remain prepared, focused, and alert. When you’re focused on the road, you’re less likely to accidentally tailgate somebody.
Drive With the Flow of Traffic
Driving with the flow of traffic helps to ensure that you aren’t driving faster than other vehicles, as that can often result in you tailgating them. When traffic is driving faster, you can drive faster without tailgating other drivers. But, when traffic is driving slower, you’ll need to slow your roll in order to avoid tailgating. That being said, don’t speed just because other drivers are speeding.
Give Yourself Enough Time
What’s “reasonable and prudent” varies from speed to speed and roadway to roadway. But the general rule of thumb is to follow the Three Second Rule. The Three Second Rule states that there should always be at least three seconds of space between the vehicle in front of you and your vehicle.
Drive in the Correct Lane
The unspoken rule of roadway usage is for faster traffic to stay left and slower traffic to stay right. That is, people often call this “the unspoken rule,” but it is oftentimes legally enforced. If you prefer to drive slowly, stick in the right-most lane. If you prefer to drive quickly, stay left. Just don’t speed or impede the flow of traffic by driving too slowly in the fast lane.
What Is Brake Checking?
Brake checking is when you slam on your brakes for no apparent reason other than to punish the person behind you for tailgating. Brake checking often results in car accidents with consequences ranging from minor property damage to death.
Contrary to popular belief, brake checking is illegal in Florida and is often considered a form of road rage. If you brake check somebody who’s tailgating you and that results in an accident, you will be considered the at-fault party—not the tailgater.
Do not, under any circumstances, brake check somebody who’s tailgating you. And, if somebody else brake checks you while you were tailgating them, know that you have legal options. Contact an attorney through the WinIt app (or www.appwinit.com) and schedule a consultation today.
