Tailgating is a dangerous form of aggressive driving that contributes to approximately one-third of all car accidents.
Despite the danger associated with tailgating, it is a common occurrence. The majority of motorists admit to intentionally tailgating at least once annually.
What is Tailgating?
Tailgating occurs when a driver follows the vehicle ahead too closely. This is dangerous because the driver may not have time to respond to rapid changes in road conditions. If the lead vehicle needs to break suddenly, the driver who is tailgating is likely to collide with the car ahead.
According to Texas law drivers are required to “maintain an assured clear distance” between cars. This distance must be large enough to ensure drivers can “safely stop without colliding with the preceding vehicle” or veering into another lane of traffic.
What is a Safe Distance Between Vehicles?
Cars are a safe distance apart when vehicles are able to quickly brake without colliding. If cars travel too closely, when the car in front brakes due to changing road conditions, the following car cannot stop without crashing into the car ahead.
There is a simple way to know if you are a safe distance from the car ahead. When driving, if a car in front of you passes any fixed point – a sign for example – you should be able to easily count to three before you pass the same sign or landmark. Adjust the amount of time based on weather conditions, traffic flow, and other safety considerations.
I Was Rear-Ended, Am I at Fault?
Sometimes, even those who exercise caution are in car accidents. Following the three-second rule above is just one way to mitigate the risk of being involved in a tailgating accident. However, refusing to tailgate yourself does not prevent others on the road from tailgating your car.
If you were rear ended by a car following you too closely, you may be entitled to compensation. Concerned you were at fault? You exercised reasonable care if you followed the guidelines below:
- Kept your distance. If you maintained an appropriate distance between your vehicle and the car ahead by ensuring you had adequate time to stop if the car ahead quickly hit the brakes.
- Maintained a consistent speed. By maintaining a consistent speed – not quickly speeding up or slowing down – you gave other drivers the ability to keep a safe distance from your car.
- Did not impede the left lane. Under Texas law, impeding the left lane is barred because the left lane is reserved for passing. If you used the left lane to pass another vehicle, or to avoid a road obstruction, these actions are reasonable.
Partial Liability
If you are concerned your actions may have contributed to a car accident, you may still be entitled to recovery. In Texas, plaintiffs may seek damages even if they are partially responsible for a collision. Unless an injured party is found to be more than 50% at fault for an accident, he or she may seek recovery for injuries sustained in motor vehicle accidents.
Call Shaw Cowart LLP
Don’t assume you are solely responsible for your injuries.
Even the best defensive driving does not prevent all tailgating accidents. If you or a loved one have sustained injuries because another driver rear-ended your vehicle, you are entitled to compensation. Our experienced attorneys are available to assist you with your claim.
Contact our office to schedule a free and confidential consultation to evaluate your case.