Latest Blogs

Over 2 million rear-end accidents happen each year. The New York State Driver's Manual states that four of every ten crashes involve rear-end collisions because someone is tailgating. 

Florida is one of the most populous states in the country. With this distinction, comes a high volume of traffic accidents. Police accident reports show a common phrase; one of the drivers was following too closely or “tailgating”.

The Cape Coral Police Department also reports that it responds to hundreds of traffic crashes each year. Many of these crashes are “fender benders,” where one car rear-ends another. They are overwhelmingly the majority of crashes.

Tailgating is considered a moving violation in Florida. According to Florida Statute 316.0895, drivers should not follow another vehicle closer than what is “reasonable and prudent.” If Florida drivers tailgate, they can be stopped by law enforcement, ticketed, fined, and points will be added against their drivers' licenses. 

According to Vitals, a weekly safety newsletter, a driver does not have time to "perceive" a problem if they are tailgating at a speed of 65 to 70 mph because they are traveling 100+ feet per second.  The vehicle being "tailgated" may often apply the brakes before the tailgater knows what is happening. If they cannot "perceive" a problem, they cannot hit the brakes and attempt to stop. 

The National Highway Traffic Safety Administration (NHTSA) reports that when driving at 55 mph:

• The average braking distance for a complete stop of a passenger car is 193 feet.
• The average braking distance of a tractor-trailer for a complete stop with cool brakes is 256 feet.
• The average braking distance for a tractor-trailer with hot brakes to come to a complete stop is 430 feet.
• The average braking distance of an empty tractor-trailer to come to a complete stop is 249 feet.
• The average stopping distance of an average tractor unit only to come to a complete stop is 243 feet.

If someone is tailgating you, what should you do?

• Check your speed - If you are going too slowly for the driving lane you are in, pull the vehicle to the right lane, or decide to increase your speed to the legal speed limit.
• Let them pass you - Most tailgaters want to get ahead of you.
• Do not confront them - Confronting them may make matters worse.
• Once the "tailgater" has passed, avoid tailgating to get a closer look at a bad driver.  Maintain the 3-second interval between vehicles.   

What is the 3-second interval rule? 

The 3-second rule is described as the distance of three car lengths between you and the driver in front of you. It is recommended for passenger vehicles during ideal road and weather conditions. Slow down and increase your following distance even more during adverse weather conditions or when visibility is reduced. Also, increase your following distance if you are driving a larger vehicle or towing a trailer. 

New drivers are taught to use the 3-second rule to help avoid accidents. They are encouraged to pick a non-moving object along the road, like a speed limit sign, a tree, or a telephone pole while driving. When the vehicle in front of the driver passes that object, start counting slowly “one-alligator, two-alligator, three-alligator” and note when your vehicle passes that object. 

Rear-end collisions, sometimes called "low impact" collisions, can cause life-long injuries such as:

• Neck injuries - The head is jerked backward and forward, resulting in soft tissue damage from the car's sudden impact from behind.
• Wrist and hand injuries - When the hands and wrists impact the dashboard or steering wheel, they may become injured.
• Leg and knee injuries - Legs and knees may be thrust forward into the dashboard or seat.
• Chest injuries - The force of the impact when the driver hits the steering wheel may cause rib or internal organ damage. 

Tailgating is considered a negligent and preventable act. If another motorist is negligent because he or she was tailgating, the injured victim may sue for negligence and receive compensation. The negligent motorist can be held liable for the accident and the victim’s injuries if they breached their duty of care. Florida law says all drivers owe other drivers the duty to follow at a safe distance. Tailgating is a breach of that duty. The amount of reimbursement after a tailgating accident depends on the extent of injuries and the impact the injuries have on the victim’s life.

Tailgating is a very dangerous activity.  We, at Spivey Law Firm, Personal Injury Attorneys, P.A. often see the devastating, life-changing results of rear-end collisions caused by tailgating.  Should you or a loved one be injured in an accident, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com. Our experienced legal staff is available 24/7, and there are no costs or attorney fees until the firm receives a monetary recovery for you.