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Tailgating in Texas is not an easy ticket to get out of. But, with the right information and help from the experienced traffic ticket attorneys available on the WinIt app, you might be able to do just that.
What Are the Laws on Following Too Closely in Texas?
Tailgating is often also called “following too closely.” That’s because tailgating is when you follow too closely behind the vehicle in front of you and thereby create a hazard. If there’s not enough space for you to safely navigate changing roadway conditions, then you’re probably breaking the law.
To make matters worse, tailgating in Texas doesn’t get you just a simple traffic ticket. Tailgating is a criminal offense, specifically a Class C misdemeanor, which means you can potentially face jail time and earn a criminal record if convicted.
Types of Tailgaters
Most people associate tailgating with aggressive drivers “riding the back” of cars that they want to move out of the way. But that’s not all. There are plenty of other types of tailgaters out there. Here are a few of the most common:
Ignorant Drivers
Some drivers might not know what a safe following distance is. These drivers are called “ignorant drivers.” Ignorant drivers don’t have the experience and knowledge required to know how far back to follow and how much space to leave between vehicles. Without that information, they often find themselves tailgating the vehicle in front of them. Of course, ignorance of the law is not a valid defense in most cases.
Unaware Drivers
Unaware drivers are similar to ignorant drivers in that they’re likely not tailgating you on purpose. The difference, though, is that unaware drivers do understand what a proper following distance is—they’re just not aware that they’re not maintaining that distance. This mistake is common among newer, less experienced drivers.
Distracted Drivers
Distracted driving is illegal in its own right. Part of the reason why is the fact that distracted drivers put everybody else at risk. When you’re distracted by your phone, the GPS, your radio, etc., you’re not paying full and complete attention to the road. And, when you’re not paying full and complete attention to the road, you might end up tailgating people.
Complacent Drivers
Complacent drivers are drivers who know that tailgating is wrong and are aware that they’re doing it but simply don’t think it’s all that wrong. Many of these drivers were taught how to drive by habitual tailgaters and have adopted that driving style. This can be a tough habit to break, but it’s important to not fall into the trap of repeating the illegal mistakes of your teacher.
Aggressive Drivers
Aggressive drivers are the go-to example of tailgating. They often get irritated at the “slow-moving” vehicles in front of them and decide to tailgate in an effort to coerce them into moving out of the way. Aggressive driving is illegal in Texas and can easily result in a reckless driving charge.
How Much Is a Tailgating Ticket in Texas?
Tailgating tickets in Texas tend to cost $175 in fines, but fines aren’t all you’ll have to pay. Depending on the circumstances of your conviction, you might also have to pay additional surcharges, fees, or civil penalties. And in most cases, you’ll also have to deal with paying 22.5% more for car insurance for the next three years.
How Far Apart Do the Cars Need To Be To Not Be Considered Tailgating?
There’s no hard and fast rule about following distance on Texas roadways. However, experts recommend leaving two or three seconds of space. The Three Second Rule of following is one of the most common examples of this rule of thumb.
To follow this rule, pick a landmark. It could be a street light, lane marker, or anything else. Wait for the vehicle immediately in front of you to pass it and then start counting the number of seconds until you pass it. If that number is fewer than three seconds, you might be following too closely.
How To Avoid a Tailgating Ticket
If you read the above section on types of tailgaters and thought, “Wow, that sounds an awful lot like me,” then you might be wondering how to break those habits—or at least how to avoid a ticket. With that in mind, we’ve assembled a few of the best tips and tricks to help you accomplish that.
Focus on the Road
First things first, focus on the road. This tip applies to every traffic ticket that you’re trying to avoid. Stop signs tickets? Focus on the road. Red light tickets? Focus on the road. Tailgating tickets? Focus on the road. The more attention you pay to your surroundings, the less likely you are to become distracted and accidentally commit a tailgating violation.
Drive With the Flow of Traffic
The phrase “the flow of traffic” refers to the speed of the traffic around you. If other cars are driving fast, drive faster. If other cars are driving slowly, drive slower. Of course, you still should avoid speeding. “But he did it first” isn’t a good excuse in a court of law.
Give Yourself Enough Time
Remember the Three Second Rule we talked about earlier? Here it is again! This rule can help to ensure that you give yourself enough time between your vehicle and the one in front of you. With three seconds of time between each vehicle, you can safely respond to any changing roadway conditions and gain a significant advantage in your case should you receive a tailgating ticket.
Drive in the Correct Lane
Faster traffic should keep left and slower traffic should keep right. If there are slow vehicles in the right lane, don’t tailgate them. Safely move to the left lane and accelerate at a legal pace to pass them. This way, you can drive at the pace that’s most comfortable for you (in accordance with local laws) while still avoiding tailgating.
What Is Brake Checking?
Brake checking is the tailgater’s nightmare. It’s also extremely dangerous, illegal, and borderline deadly. Under no circumstances should you brake check somebody.
Brake checking is when one driver slams on their brakes for no reason other than to punish another for tailgating them. Texas state lawmakers understand the risk to life and property that this practice poses and have therefore passed legislation to label it a form of reckless driving.
Do not brake check other drivers.
