How to Handle Tailgating Drivers  

Tailgating is the cause of over one-third of accidents in the United States and is a behavior that puts everyone on the road at risk. It’s not just distracting but can be dangerous and lead to accidents. 

Whether it’s impatience, aggression, or a bad driving habit, tailgating increases the risk of accidents and heightens tension on the road. If you find yourself in this situation, it’s important to know how to handle it in a way that prioritizes safety. 

What is Tailgating and Why Do People Tailgate? 

Tailgating is when someone drives too close behind another driver. It is a behavior that can cause stress to the driver in front and gives them little time to react in case of sudden changes in traffic. So, if this is such a risky action, why do people tailgate in the first place? 

1. Impatience: Those who are in a hurry may want to push the driver in front to go faster by driving closer, which forces the driver to speed up or change lanes.  
2. Aggression: Some drivers tailgate because of road rage. They are angry or frustrated with other drivers and may use tailgating as a way to express it, hoping to intimidate or harass the driver in front.  
3. Habit: Some people are not aware that they tailgate. It can become habitual, especially when driving in heavy traffic or on highways where drivers often follow closely without realizing the danger.  

Is Tailgating Illegal? 

While specific ‘anti-tailgating’ laws vary by state, tailgating is almost universally considered a violation of a driver’s duty of care and can be considered negligent driving, often falling under statutes related to following too closely, reckless driving, or unsafe driving practices. This behavior significantly increases the likelihood of a car accident and can be used as evidence of fault in a personal injury claim. 

In many jurisdictions, violating a traffic statute such as ‘following too closely’ can constitute ‘negligence per se,’ meaning the tailgating driver is presumed to be at fault for any resulting accident. 

When a driver is too close to the vehicle in front, they have little reaction time to stop if the car suddenly brakes. This can lead to rear-end collisions, which are some of the most common types of car accidents.  

How to Safely Manage a Tailgater 

When you find yourself being tailgated, it’s natural to feel stressed or even scared. But how can you safely manage a tailgater? Here are some tips for handling the situation: 

1. Stay Calm: Getting frustrated or angry will only escalate the situation, especially if the tailgater is experiencing road rage. Take a breath and focus on safe driving.  
2. Don’t Engage: Don’t brake suddenly or drive aggressively to retaliate. This can increase the chances of an accident.  
3. Change Lanes When Safe: If you’re on a multi-lane road, consider switching to another lane when it’s safe. This allows the tailgater to pass you, which can relieve the pressure and reduce the risk of a crash.  
4. Increase Your Following Distance: Increasing the distance between you and the car in front of you can give you more space to react if the situation escalates.  
5. Pull Over If Necessary: If the tailgater continues to act aggressively, consider pulling over to the side of the road and allowing them to pass. This can defuse the situation and give you a break from the pressure.  

The best way to deal with tailgaters is to prioritize safety and avoid confrontation. Instead of retaliating or speeding up, stay focused on maintaining control of your vehicle and following safe driving practices.  

If their behavior is causing you significant distress or if you feel their actions are putting your life at risk, it may be helpful to report their behavior to local authorities. 

If an Accident Occurs 

1. Prioritize Safety: Move vehicles to a safe location if possible. 
2. Call 911/Police: File a police report. This is critical for documenting the incident and often includes the officer’s assessment of fault. 
3. Exchange Information: Get the tailgating driver’s contact, insurance, and vehicle information. 
4. Document the Scene: Take photos and videos of the vehicles, damage, road conditions, and any relevant traffic signs or signals. 
5. Identify Witnesses: Obtain contact information from any witnesses. 
6. Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Some injuries may not be immediately apparent. 

DM Injury Law Fights for the Rights of Car Accident Victims 

Tailgating is not only frustrating and dangerous, but it can also lead to severe accidents, especially when combined with road rage. If you find yourself in an accident caused by a tailgater or road rage, don’t hesitate to reach out to our team of car accident injury lawyers. We can help you navigate the aftermath of the crash and ensure your rights are protected. Contact our office for a free consultation, and we’ll guide you in seeking the compensation you deserve for your injuries.  

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