Tailgating, a common name for following too closely behind another vehicle, is a dangerous habit that contributes to thousands of crashes every year. In Florida, this type of aggressive driving behavior is a traffic violation, as it puts everyone on the road at risk.
Florida law doesn’t explicitly use the word “tailgating,” but the behavior is addressed in Florida Statute 316.0895 under a label of “Following Too Closely.” According to the statute: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.”
This language can leave room for interpretation. What is “reasonable and prudent” can vary for a driver depending on things like weather, traffic, and the speed of travel. Because the statute doesn’t reference a set distance, drivers must use good judgment; failure to do so can result in a ticket or liability in the event of a crash.
Whether you’re fighting against rush-hour traffic or cruising along the interstate, understanding tailgating laws in Florida can help you stay safe and avoid unnecessary risks.
This article by the award-winning Fort Lauderdale car accident lawyers at Schilling & Silvers Personal Injury & Car Accident Lawyers will break down the definition of tailgating, who is liable in an accident, and review the kinds of injuries commonly seen in rear-end crashes from driving too closely.
While Florida isn’t specific about measurement, a commonly accepted guideline is the three-second rule. This rule suggests it’s best to maintain at least three seconds of distance between a driver’s vehicle and the one they’re following.
The idea is simple: Pick out a fixed object coming up on the road ahead. When the car in front of you drives past it, begin counting to three. If you pass the same object after you get to three, then you are probably driving at a safe distance behind the other driver.
But remember that even this method has limits. Heavy rain, slick roads, or high speeds can increase the time it takes to come to a safe stop. The faster you’re going, the longer it can take to react and brake. In these conditions, three seconds may not be enough time.
Commercial vehicles have even stricter rules. Under Florida Statute 316.0895(2), trucks and any vehicle towing a trailer are prohibited from following another similar vehicle within 300 feet on roads outside of business and residential areas. This law is designed to help prevent chain-reaction crashes, especially on highways.
Tailgating is the leading cause of rear-end collisions, which are one of the most common types of car accidents in Florida. According to the National Highway Traffic Safety Administration (NHTSA), nearly one in three traffic crashes involve a rear-end impact.
When a driver is following too closely, they reduce their ability to respond to sudden changes. If a car in front of them breaks unexpectedly, the tailgating driver may not have time to react, especially if they’re distracted or speeding. Even a small delay in response time can make the difference between a near miss and a collision.
Rear-end crashes that are caused by tailgating can lead to a wide range of injuries.
Some injuries may not be immediately apparent, which is why it’s important to see a doctor after a collision, even if you feel fine at the scene.
Tailgating laws in Florida state that when following too closely leads to a crash, the rear driver is the one typically held responsible. The law expects all drivers to maintain a safe distance behind the vehicle in front of them. When someone fails to do that and causes a collision, they are often found liable for the resulting injuries.
If you’re being tailgated, it’s best to stay calm and avoid sudden braking. When it’s safe, allow the other driver to pass. Taking these steps can help reduce the risk of a collision and keep everyone on the road safe.
If you were hit by someone following you too closely, it’s important to take the right steps after the crash.
While Florida is a no-fault state, you may still have the right to pursue a claim if your injuries are severe or permanent. Understanding what options you have available to you is important so you can pursue the right path for compensation.
If you are cited in the state of Florida for tailgating, it can result in more than just a fine. Under Florida law, following too closely is considered a moving violation, which has penalties that include:
For drivers with multiple violations, additional penalties or even a suspension of their license could apply. Tailgating laws in Florida also state that these tickets can be used as evidence of negligence in a personal injury case.
Tailgating creates higher risks for everyone who shares the road, creating dangerous situations for drivers and passengers alike. Aggressive tailgating significantly increases the chances of an accident, especially at high speeds, and can lead to serious and catastrophic injuries.
When you drive too closely behind another vehicle, your view of the road in front of you is obstructed. You may not see other traffic until it’s too late to react. A driver with a limited field of vision cannot anticipate changes in traffic, like sudden stops or lane changes, or road hazards, like debris or pedestrians.
Reaction time plays an important role in preventing accidents. On average, it takes a driver roughly 1.5 seconds to notice a road hazard and begin braking. At highway speeds, a driver will travel more than 100 feet before their brakes even engage. When tailgating, this distance has a dramatic impact, as tailgating drivers may struggle to react in a timely manner.
Brakes alone can only help so much. Without enough space between vehicles, even the best brakes may not be able to halt the vehicle in time. The physics of stopping a vehicle requires a specific amount of distance, and tailgating compresses that distance. This becomes even worse when there are adverse weather conditions or other road hazards that make it more difficult to come to a complete stop.
Tailgating also impacts the behavior of the driver in front. Feeling pressured, they may try to speed up or make unsafe lane changes to escape the situation, both of which can increase the risk of an accident. This stress and intimidation often leads to erratic driving, further destabilizing the flow of traffic and increasing the likelihood of crashes.
Tailgating can make other dangerous behaviors even more deadly. Distracted driving can reduce a driver’s ability to respond quickly. Impaired driving slows down reflexes and decision-making. Mechanical issues like brakes failing or a damaged tire will leave no margin for error when following too closely.
Avoiding tailgating is one of the easiest ways to prevent a crash. Here are some tips to help keep the roads safe:
Driving defensively is one of the best ways to reduce your risk of an accident.
Tailgating accidents can lead to severe injuries, expensive medical bills, and chronic pain. After a rear-end collision caused by someone who was following too closely, you may be able to pursue compensation for your medical expenses, lost wages, and pain and suffering.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, we understand how devastating a car accident can be, especially when it’s caused by preventable actions as tailgating. Our highly rated Fort Lauderdale personal injury attorneys have years of experience helping injured clients to pursue justice and compensation.
Reach out today for a free consultation to learn more about the ways we can help you.
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