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We’ve all been there before. You’re in a rush and looking for the vehicle in front of you to move over. That’s fine—as long as you follow the law. You can flash your lights or honk, but you should never tailgate. Tailgating tickets in New Jersey can be costly, damaging to your record, and more. Here’s what you need to know about these tickets and how to prevent or beat them.

What Is Tailgating?

Tailgating, also known as “following too closely,” is when you leave very little space between your vehicle and the vehicle in front of you. But just how much space should you leave between vehicles? Experts suggest just about three seconds should do the trick, avoiding the ticket and reducing the risk of an accident.

Why Is Tailgating Dangerous?

Tailgating is one of the most common causes of car accidents in the United States. Just across the bridge in New York, it’s the second most common cause overall, leading to countless injuries and quite a bit of property damage each year. 

Types of Tailgaters

Just like there’s a wide variety of vehicles on the road, there’s also a wide variety of drivers behind their wheels. These drivers often do the same things but for different reasons. Here are five categories of drivers who frequently commit tailgating violations.

Ignorant Drivers

First up, there are ignorant drivers. These are the people who just plain don’t know any better. They’re often inexperienced drivers who are just learning how to drive and don’t yet understand what a safe following distance looks like.

Unaware Driver

Next, there are unaware drivers. These drivers might know that tailgating is wrong but might not understand that what they’re doing counts as tailgating. These drivers often just aren’t aware that they’re tailgating other vehicles or putting others at risk by following too closely.

Distracted Driver

The third group is distracted drivers. Some of the most dangerous types of tailgaters fall into this category. These drivers often text, look at the scenery, talk on the phone, or otherwise focus on things other than driving, leading them to unwittingly tailgate the vehicle in front of them.

Complacent Driver

Fourth on our list is the complacent driver. Complacent drivers know that they shouldn’t be tailgating people, that it’s illegal, and that it’s dangerous, but do so anyway. More often than not, they do this because they don’t think the consequences are likely to actually apply to them. These people often have never been in a serious car accident before or don’t think they’re likely to ever get into one.

Aggressive Driver

Aggressive drivers are the most dangerous drivers on this list. These are the people who tailgate with the intention of forcing other drivers to move out of their way. They often couple this with reckless driving in the form of rapid, unsafe lane changes and speeding.

What Are the Penalties for Tailgating in New Jersey?

The penalties for tailgating in New Jersey can be quite severe, ranging from mild fines to jail time. What penalties the court doles out often depends on your driving record, any recent convictions of yours, and your general demeanor throughout the traffic court process. Here’s what those penalties might look like for the average tailgating ticket in New Jersey:

Fines

The total fine for following too closely in New Jersey will typically be somewhere between $50 and $200.

Points

New Jersey’s Motor Vehicle Commission (MVC) considers tailgating to be one of the most serious traffic offenses you could commit, due to the overwhelming danger that this offense poses to other drivers. As such, any driver convicted of one of these offenses will receive up to five points on their license.

Get too many points on your license too quickly and you can be facing steep surcharges (6 points) and potentially have your license suspended (12 points).

Court Costs

If you plead not guilty and challenge your case in court, you will have to pay $33 in court costs.

Surcharge

As mentioned above, accruing six or more points on your license at any one point in time can result in an additional surcharge. That surcharge costs $150 for the sixth point plus $25 for each additional point after six. You’ll have to pay this surcharge every year for three years, totaling at least $450 (at six points).

Auto Insurance Increases

As with any moving violation, a conviction for tailgating in New Jersey can result in your insurance premiums increasing. This increase is subject to the rules of your particular insurance provider.

Jail Time

In severe cases, New Jersey’s traffic courts have the ability to send you to jail for 15 days following a conviction for following too closely. Fortunately, most judges will not impose this penalty unless your actions are particularly awful, you show no remorse for your crime, you have a long list of previous convictions, or something similar.

What Does New Jersey Consider Tailgating?

New Jersey’s laws on tailgating vary for trucks and cars.

Tailgating in a Truck

If you are driving a large truck on a highway or outside of a business or residence district, you have to give more than 100 feet of space between you and another truck. However, an exception to this rule is when you are attempting to pass or overtake said truck.

Tailgating in a Car

If you’re driving a car, you should always keep at least one car length between you and other vehicles to avoid a ticket. However, to avoid an accident, you should practice the Three-Second Rule. This rule states that you should keep at least three seconds between you and any vehicle in front of you, no matter how fast or slow you’re driving.

Defenses to Tailgating in New Jersey

Two common defenses against tailgating charges in New Jersey are as follows: prove that you weren’t tailgating or prove that bad weather conditions forced you to tailgate. Providing either of these defenses can be quite challenging without the help of a lawyer.

What To Do if Someone Is Tailgating You

There are a number of things that you can do to reduce your chances of getting into an accident when somebody is tailgating you. Here are just a couple of those things:

Stay Calm

The most important thing you can do is stay calm. Breath deep breaths and think positive thoughts if you need to. Just make sure that you don’t get angry and you don’t get scared. Either of those two emotional states can increase the risk of you getting into an accident.

Focus on the Road

Stay focused on the road and the traffic. Distracted driving can be just as dangerous as aggressive driving. If you’re being tailgated by an aggressive driver, the last thing you want is to let yourself become distracted, as that would significantly increase your chances of getting into an accident.

Allow the Tailgater To Pass

Many tailgaters tailgate because they want you to get out of their way. Giving them what they want can remove you from that hostile situation, potentially saving your life. Move over, let them pass, and (when it becomes safe to do so) move back over to your preferred lane.

Keep Your Distance

If you see somebody tailgating other people, do your best to leave a gap between them and you. If they’re ahead of you, consider slowing down slightly to make sure you have ample time to react if and when they cause an accident.

Check Your Driving

Sometimes, when we think somebody else is breaking the rules, it’s actually our fault. If you see somebody tailgating you, do a quick mental check to see if you’re driving illegally slowly or otherwise disrupting traffic.

Call the Police

Aggressive drivers are one of the biggest threats to other people on the road no matter where you are. If you see somebody tailgating other people, consider calling the police, especially if that person is also speeding and swerving in and out of lanes.

Don’t Speed Up or Slow Down

If there’s somebody riding your tail, maintain your present speed. Slowing down can cause them to run into you and speeding up can cause you to break the speed limit. Maintain your speed and they will likely pass you in a minute or two.

Don’t Get Distracted by the Tailgater

It can be tempting to focus on the tailgater, watching your rearview mirror rather than the road in front of you. But, if your vehicle is moving forward, your eyes should be forward too. Don’t let the tailgater distract you, as that can greatly increase your chances of getting into an accident.

Don’t Provoke the Tailgater

Provoking an aggressive driver is a surefire way to turn their reckless driving into adrenaline-fueled road rage. Do not engage with them, don’t return any angry shouting or rude gestures, don’t honk at them, etc.

Don’t Brake Check

Brake checking is when you slam on the brakes for no reason other than to scare the person who’s tailgating you. This quite often results in a car accident and judges will take this into account when the case goes to court. If the tailgater can prove that you brake checked them, you might be ruled at fault for the accident and held liable for damages.

Tips To Avoid Tailgating Others

If you’re trying to break the bad habit of tailgating others, good for you! The first step is the hardest step to take, but here are a few tips and tricks to help you keep that positive momentum and keep moving forward:

• Pay attention to other vehicles and your surroundings.
• Remain calm and make informed decisions.
• Only drive when you are well-rested and alert.
• Be mindful of the distance between you and other vehicles.
• Try to anticipate when road conditions might cause other vehicles to slow down.
• Travel at a similar speed to the vehicle in front of you.
• Keep at least three seconds of space between you and other vehicles.
• Keep a greater distance between you and motorcycles or heavy vehicles.
• Be patient with slow drivers.
• Drive at a safe speed when weather conditions reduce roadway safety.
• Be particularly vigilant when approaching intersections, stop signs, lane changes, etc.
• Turn on cruise control to maintain a safe and consistent speed.
• Don’t speed up when somebody else is tailgating you.
• Try to fight the urge to tailgate people when they’re going too slowly.
• Do your best not to get angry with other drivers.
• If you’re driving in a convoy, use a GPS navigation system and set up a pre-arranged meeting place to avoid having to speed to keep up with your group.
• Avoid highways and crowded routes.