Tailgating Laws in Georgia

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Tailgating is one of the most common causes of car accidents in the United States. So it shouldn’t come as much of a surprise when we point out that Georgia—which has some of the most costly traffic tickets in the country—strictly enforces its laws against tailgating. If you’re looking to beat or avoid a tailgating ticket in Georgia, you’ll want to read this article carefully.

What Are the Laws on Following Too Closely in Georgia?

The law on tailgating in Georgia comes from the state’s traffic code, specifically O.C.G.A. 40-6-49. That law states that no driver can follow too closely behind another vehicle in a manner that is not “reasonable and prudent.”

The use of the phrase “reasonable and prudent” means that there’s not going to be specific mentions of distance and speed limits. What you should take away from this is simple and straightforward, though. Don’t follow behind another vehicle at such a short distance as to create a hazard to yourself or others.

Types of Tailgaters

Most people think of aggressive drivers when they think of tailgaters, but tailgating is much more widespread than you might think. It’s not just about angry drivers recklessly swerving in and out of lanes and tailgating people who they think are moving too slowly. There are plenty of other kinds of tailgaters out there.

Ignorant Drivers

If you don’t know what the correct following distance is between a couple vehicles (or that tailgating is illegal), then you might be an ignorant driver. These drivers either don’t know the law or don’t know what a safe following distance is. Unfortunately, ignorance of the law is not considered a valid defense in Georgia’s traffic courts.

Unaware Drivers

If you know what the correct following distance is between a couple vehicles but you aren’t sure if you’re maintaining that distance, then you might be an unaware driver. Unaware drivers know the law but haven’t quite figured out how to follow it. This often stems from inexperience and can be resolved in time—with enough practice.

Distracted Drivers

If you often find yourself looking down at your phone, the GPS, the radio, etc. rather than the road, then you might be a distracted driver. Notably, distracted driving is another ticketable offense in Georgia. So, if your distracted driving results in you tailgating the vehicle in front of you, it’s possible that you can receive two tickets rather than one.

Complacent Drivers

If you know that tailgating is illegal and what a safe following distance is but choose to tailgate anyway, then you might be a complacent driver. Complacent drivers are drivers who know the law and how to follow it but choose to break it anyway, often because they don’t think tailgating is that bad of a thing to do. But the statistics speak for themselves: each year, hundreds of thousands of people are injured due to car accidents caused by tailgating.

Aggressive Drivers

If you find yourself getting angry behind the wheel and tailgating other vehicles, then you might be an aggressive driver. Aggressive drivers tend to let their frustration and rage get the best of them and decide to take it out on other drivers by tailgating them. This coercion isn’t just rude; it’s actually illegal. Aggressive driving is a surefire way to get yourself a reckless driving charge.

How Much Is a Tailgating Ticket in Georgia?

Tailgating tickets in Georgia tend to come with a fine of about $175. That’s assuming you don’t also have to pay any applicable fees, surcharges, civil penalties, court costs, etc. All of those additional costs can be incurred depending on the specifics of your particular situation.

Moreover, you’ll receive three points on your license, which can go toward getting it suspended. As if that weren’t enough, your car insurance premiums might increase by around 22.5% for the next couple years.

How Far Apart Do the Cars Need To Be To Not Be Considered Tailgating?

As we mentioned before, there’s no hard and fast rule about following distances in Georgia law. Rather, the rule specifies that you must maintain a “reasonable and prudent” following distance. What the court believes to be a reasonable and prudent following distance varies based on speed.

As a general rule of thumb, default to the Three Second Rule. The Three Second Rule states that you should leave three seconds of space between your vehicle and the one immediately in front of you.

How To Avoid a Tailgating Ticket

There are a few great ways to avoid getting a ticket for tailgating in Georgia. So you don’t have to spend your whole day reading, we’ve narrowed it down to just the four best tips and tricks.

Focus on the Road

First off, focus on the road. This is general advice that you should apply across the board, no matter what kind of ticket you’re trying to avoid. Focusing on the road is the best way to keep a solid grasp on your surroundings, which is a crucial element of avoiding tickets.

Drive With the Flow of Traffic

The “flow of traffic” is the speed at which the average driver is driving nearby. If the flow of traffic is faster, drive faster. If the flow of traffic is slower, drive slower. Of course, you should never speed, not even if the flow of traffic would require you to do so. This tip is more so designed to prevent you from tailgating slower-moving traffic.

Give Yourself Enough Time

This tip goes back to the Three Second Rule we talked about earlier. To make sure you’re adhering to this rule, pick a landmark. It could be anything (e.g., a tree, a streetlight, a line on the road). Anything. Once the vehicle in front of you passes that landmark, start counting the number of seconds (“one Mississippi, two Mississippi,” etc.). If you find the distance to be fewer than three seconds, then you might be following too closely.

Drive in the Correct Lane

Faster traffic keeps left and slower traffic keeps right. This is the unspoken rule of American roadways. If you’re moving faster than other vehicles, don’t just sit in the right-most lane, tailgating the slowpokes who aren’t driving the speed limit. Move over to the left and pass them. But don’t sit in the left-most lane either. Occupying that lane when you’re not making a legal passing maneuver can result in other drivers getting angry (and you potentially getting a ticket).

What Is Brake Checking?

Brake checking is when you stomp on your brakes for no other reason than to get revenge on a person for tailgating you. As you might expect, brake checking often leads to car accidents. Depending on how fast you were going, those accidents can have long-lasting or permanent consequences, including personal injury and/or death.

For that reason, brake checking is illegal in Georgia. Not only can you be seriously injured, you will likely be blamed for those injuries and liable for those of the person who was tailgating you. Brake checking is often considered road rage in Georgia, which might even result in you facing criminal charges.

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