We are driving lawyers, we know driving law, and we will always do our best to assist your case. Instead, stay calm and concentrate on driving. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Is Tailgating Illegal? | WinIt App Drunk driving is risky for everyone, including the driver. Se habla Espaol (661) 349-9755. Its considered dangerous because it gives the driver less time to react if the vehicle in front of them brakes suddenly. It is to no surprise we highly endorse the Lynch Law Firm. or unsafe driving. Out Of State Drivers With NY Traffic Tickets, When I Let a Driver Off With a Warning and Why, NY DWI Crackdown in Effect Through Labor Day Weekend, What NOT to Do When Pulled Over by Police, Study: States with the Strictest Texting While Driving Laws, This website is attorney advertising and is administered by Rosenblum Law. It is best to move out of the driver's way as soon as possible. A plea of guilty to tailgating can be used in a personal injury lawsuit as evidence that the tailgating driver was at fault in an accident and liable for any injuries or other damages. Legally speaking, tailgating is more serious than just careless driving. Tailgating is a risky behavior that every fleet must address. This law allows judges to take away driving privileges when he/she deems the driver to be guilty of a willful violation of the law. 1638 Pandosy Street #20 Aggressive driving or road rage is another common cause of tailgating. Steps to Take if Another Child Hurts Your Child at Daycare, Common Causes Of Motel and Hotel Accidents In Massachusetts. Tailgating is considered illegal in most states. Lytxs MV+AI technology analyzes and assesses data constantly. That time increases with speed and slippery road conditions from adverse weather. Compensation for a personal injury claim might include: The amount of compensation you might receive for a rear-end accident claim depends on the facts of your case. So, one possible defense is to simply argue that, under the circumstances, the distance between you and the other vehicle was safe. After a tailgating incident, you should attempt to get witness statements as soon as possible. document.write(thisYear) This law allows judges to take away driving privileges when he/she deems the driver to be guilty of a willful violation of the law. All a traffic attorney needs to do is raise a reasonable doubt with the judge. With the exception of funeral processions, the drivers in any groups of vehicles travelling in a procession must leave enough room between each vehicle to allow other motorists to merge safely in between individual cars in the convoy. 28-730 - Following too closely Damages include property damage claims and personal injury claims. BC Driving Lawyers(604) 608 1200info@bcdrivinglawyers.com, To reach us in the Vancouver area: (604) 608 1200info@bcdrivinglawyers.comMount Pleasant Office: 205 - 114 East 7th Ave, BC V5T 1M6 South Vancouver Office: 450 SW Marine Dr, Suite 510B, BC V5X 0C3, To reach us in the Richmond area : (604) 608 1200info@bcdrivinglawyers.com This field is for validation purposes and should be left unchanged. If you or a loved one has been hurt or killed in a vehicle collision when another driver was following too closely behind your car, you may be entitled to pursue a personal injury or wrongful death lawsuit against the negligent driver. There are many ways to defend against a tailgating ticket in New Jersey. 39:4-89). What is Considered "Following Too Closely?" Under New Jersey Law (N.J.S.A. The driver of a motor truck or motor vehicle that is drawing another vehicle when traveling on a roadway outside of a business or residence district and that is following another motor truck or motor vehicle drawing another vehicle shall leave, if conditions permit, sufficient space so that an overtaking vehicle may enter and occupy the space without danger. A fully-loaded tractor-trailer weighing 80,000 pounds traveling in ideal conditions (no rain, snow, or water on the roads) at 65 mph needs 525 feet to come to a stop. This rule is meant to serve as a guideline to ensure that drivers maintain a safe distance between vehicles to avoid a rear-end collision. For the most part, when a driver is being tailgated, the best advice is to stay calm and move to the right. Published by AccurateWP on September 22, 2022. There are easy ways for drivers to avoid critical distance tailgating and for you to keep your drivers safer on the roads. Following too closely is a "serious offense" for commercial motor vehicle (CMV) drivers according to the DOT FMCSA Regulations. Its always better to pull over and let the driver go around you rather than risk getting into an accident. 2023 Lynch Lynch Held Rosenberg, PC. Most license suspensions related to tailgating come when the judge believes you were willfully violating the law. , two cars collided on a rainy day on the Garden State Parkway. This prompts drivers to stay alert and keep their eyes on the road. 39:4-89. The first point applies to all drivers, and states that any driver must not allow their vehicle to follow another "more closely than is reasonable and prudent" for the speed of the vehicles and traffic conditions at the time. You can also make sure it takes you three seconds or more to pass a stationary object after the lead vehicle passes the same object. All content is subject to our rigorous editorial standards for relevance, accuracy, sourcing, and objectivity. People engage in this driving behavior for a variety of reasons. They may misjudge the distance it takes to stop while traveling at different speeds and under different road or weather conditions. How Much Is Your Commercial Truck Accident Worth? Tailgating Tickets: The Law and Penalties | DrivingLaws.org Assuming road conditions are normal and the weather is clear, most drivers can use one of two metrics to ensure they are not "too close." Common Car Accident Scenarios in Boca Raton Causes & Determining Fault. Drivers who are in a hurry to get somewhere because they are running late or they are impatient are often guilty of tailgating. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, driving behind another vehicle more closely than is "reasonable and prudent" given the current circumstance, or. Tailgating is a dangerous driving behavior that can cause catastrophic injuries and fatalities. Fleets can configure the technology based on how they want to addressrisky driving. It also analyzes data to detect the frequency ofriskydriving behaviors, making it easier to address and correct driver behaviors directly and before collisions happen. Tailgating or following too closely behind another car is dangerous behavior, and often a form of road rage. This tailgating solution helps decrease collisions, fatalities, and lost profits due to accidents. Fighting For Boston Families For More Than A Decade. For example, one was speeding while the other was driving distracted. New Jerseys Motor Vehicles Commission (MVC) considers tailgating to be a serious violation and adds 5 points to the license of any driver convicted of this violation. A licensed attorney should be contacted if legal advice is sought. Once theyve passed, continue driving at a safe speed and maintain a generous distance between your car and theirs. Why tailgating is a risky behavior The law gives police officers discretion to determine when one driver may have been tailgating another. Ensure you dont speed up too much, or you could get pulled over for going over the speed limit. Since there are no points for the offense, it is like an expensive parking ticket, not reportable to the FMCSA. While some drivers will try to deny wrongdoing and may even make false statements to the police, others will admit that they were tailgating or following more closely than the weather and traffic conditions permitted. It can easily lead to rear-end National Highway Traffic Safety Administration, 33% of South Carolinians killed in car accidents, Car Accident Lawyer in Charleston: Top Questions People Ask, South Carolina Personal Injury Law: Key Concepts and Principles. This article will explain what constitutes tailgating so you can avoid a citation. In fact, according to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is one of the leading causes of accidents in the United States. FORT LAUDERDALE LAW OFFICE MAP, 319 Clematis St #203 You're constantly anxious as you look at the mirror, just thinking about how they're making an accident far more likely than it has to be. Most drivers are taught the three-second rule or to keep one car-lengths distance per 10 mph. However, knowing the actions to take if someone is tailgating you can help if you make an accident claim, or potentially even prevent the accident altogether. In a tailgating case, the other driver may claim you acted aggressively by slamming on your brakes. The officer testified he observed the tailgating over a distance of 300-500 metres, and saw the trailing car flashing its headlights in an apparent attempt to get the other vehicle to move over. But following another vehicle too closely can also result in a traffic citation. We use cookies to ensure that we give you the best experience on our website. 30125 Automall Dr #107A However, the guide lays out two ways to determine whether a driver has left enough distance between themselves and the vehicle ahead. It is essential that you retain an attorney if you or someone you love has been ticketed for tailgating or any other serious traffic offense in New Jersey. Depending on the law of the state where you receive the ticket, following too closely may be considered a traffic infraction or a misdemeanor. In some states, the information on this website may be considered a lawyer referral service. There is no exact definition of what is following too close. The tailgating laws of many states contain exceptions for funeral processions and other lawful motorcades. The judge even included a review of what case law suggested during rear-end collisions, and found that drivers are not necessarily following too closely even if they rear-end someone, as there is often evidence suggesting the vehicle ahead suddenly stopped without warning. It is best to move out of the drivers way as soon as possible. That is why it is crucial for every CDL holder to challenge every allegation of tailgating or following too closely. When a driver follows too closely and causes a car accident, that driver can be held liable for any damages caused by the accident. You should always keep a safe distance from other vehicles on the road so that you will have plenty of time to react to hazards. Situation in which another driver is following your vehicle too closely. Sometimes both drivers are partially at fault for a crash. Following Too Closely (Tailgating) in New Jersey (N.J.S.A. Since this bad habit is so widespread across the state, it's helpful to understand . A driver may be aggravated because there is traffic, and he cannot get around slower moving vehicles. In common terms, tailgating is careless behavior. It is generally considered unsafe because if a vehicle has to stop suddenly, a driver following too closely may not have enough time to respond. So although it may be tempting, please resist the urge to brake-check the tailgater and try to get away from them instead. I cannot sing high enough praises of Brian Held, Arthur Lynch and the entire Lynch Law Firm team For courtesy, honesty, attention to detail, concern for client and sense of fairness, Lynch Law Firm has no equal. If you're found guilty of following too closely, the DMV will add 4 points to your driving record. Common driving distractions include using a cell phone, texting while driving, eating, grooming, reaching for objects, daydreaming, and taking care of children. Tailgating 2023 by Sweeney Merrigan Personal Injury Lawyers. By defining following too closely as "more closely than is reasonable and prudent," much of what is considered tailgating is left to the discretion of the officer. Following Distance for Trucks & Fleets - Safety Tips When a driver gets too close to the car in front, reaction time between vehicles diminishes, putting the vehicles at risk for a rear-end collision. If a driver is fatigued or drowsy, he may not be aware that he is following too closely until an accident happens. The first point applies to all drivers, and states that any driver must not allow their vehicle to follow another more closely than is reasonable and prudent for the speed of the vehicles and traffic conditions at the time. Instead, it is worth considering when to negotiate with prosecutors to reduce the ticket to a lower-point or no-point offense, such as. If you do decide to fight your ticket, you should also consider talking to a traffic attorney. This is where having a skilled traffic ticket attorney can be a real advantage. According to the NHTSA, rear-end collisions accounted for approximately one-third of car accidents in 2018. Our Best Fleet Forward newsletter delivers monthly insights on fleet management. A ticket for following too closely is considered a petty offense, and is punishable by a fine, court costs, and upon a conviction, 25 points against your driver's license. If you're following another car too closely and the car in front of you brakes suddenly, you may not be able to stop in time to avoid a crash, so it's best to avoid tailgating. And driving while angry increases therisk of crashingby 10 times. 2023 Hollander Law Firm Accident Injury Lawyers. It can easily lead to rear-end collisions and injury accidents. Tailgating Accidents, Boca Raton Car Accident Lawyer If a driver is tailgating another vehicle then there is, at best, one second of distance. Hail storms are most common during the spring and, Had a great experience dealing with this company. 39:4-89) drivers are prohibited from following other vehicles more closely than is reasonable and prudent. The BC Court of Appeal determined that the driver had less than one second to perceive and react to revealed hazards, contrary to the provincial governments guidelines that a driver should stay at least two seconds of travel time behind the vehicle being followed. Lynch Law Firm, on the other hand, opened up their doors and gave me all support I needed and more. Hollander Law Firm Accident Injury Lawyers, Following Too Closely Behind Another Vehicle is Dangerous and Illegal in Florida, Proving the Driver Who Hit You Was Following Too Closely, Common Injuries Associated With Tailgating and Rear-End Collisions, Contact a Boca Raton Car Accident Lawyer if Youve Been Hurt by a Tailgating Driver. Keep calm and carry on. Points: Following too closely (tailgating) is a 4-point offense in New York. Never engage a driver who is tailgating your vehicle. Instead, when its safe to do so, change lanes to give them space to go past you. Can I Be Compensated For Pre-Existing Conditions? Under New Jersey law, you cannot pursue compensation from someone if you are more at fault than they are. For more information, contact our team or enter your zip code on our home page for an instant quote. For more information or to opt out, visit our privacy policy. Of course, whats essential to note here is their article can only be considered as advice because commercial drivers are not ticketed or tried at the Federal DOT level. Even when drivers are operating below 40 mph, they still needat least one second for every 10 feet of vehicle. When it identifies a risky behavior, the technology triggers the DriveCam device, which then flags the event for the driver and/or fleet manageran option that is fully customizable. Their insurance is responsible for paying out damages, and you can pursue a claim against the driver to recover accident-related costs like medical bills, property damages, and lost wages. An experienced traffic attorney will generally have a good idea of the best defenses and other options for dealing with the ticket. All rights reserved. estimates that tailgating tickets can increase car insurance rates by about 13%. If you own an older vehicle, you might be saving up for a new car, or maybe you simply like the dependability of your current vehicle. - All rights reserved. Click the card to flip . Brake-checking is when you hit your brakes suddenly in an attempt to get the driver to back off. Modern cars, trucks and SUVs are packed with driver aids and other new technologies, and they constantly generate and store data about drivers behaviors behind the wheel. Tailgating is when a driver follows another vehicle very closely, often at a distance that would not allow proper reaction time to avoid a collision should the front driver brake suddenly. According to the National Safety Council (NSC) and All Nation Insurance, one of the mostcommon driving errorsthat causes collisions is tailgating. The driver of a motor truck or motor vehicle that is drawing another vehicle when traveling on a . However, on wet roads or in inclement weather such as snow or fog, a greater distance may be needed. After the conviction or paid ticket, the state DMV or similar authority notifies the FMCSA, and Compliance, Safety, & Accountability (CSA) points are assessed for the carrier and the driver. The third point is for anyone driving in a caravan or motorcade, where a group of vehicles are travelling in procession. The Lynch firm were incredible in our whole process from the very beginning. Having a general understanding of these terms can help guide you to decide whether you should seek compensation after an, Riding a motorcycle is an exhilarating experience that offers riders unique freedom and sense of adventure. The tailgating car doesn't have enough time to stop when the front car brakes and they collide with them. 5800 Cedarbridge Way Unit 240, Richmond, BC V6X 2A7, To reach us in the Kelowna area :(250) 860 2744info@bcdrivinglawyers.com Youll notice that the MVA doesnt specify any quantifiable distance or time of travel for how close you can follow another vehicle. A. With a no-point conviction, the driver will still pay a fine. The exact defense will depend on the unique circumstances of the case. 561-347-7770, Call NOW for a FREE Consultation561-347-7770, Home \ Car Accident Lawyer \ Tailgating / Following Too Closely. As such, a tailgating conviction can easily trigger a yearly surcharge (at 6+ points) or license suspension (at 12 points). Whether you are rushing to get to work or are frustrated when you are stuck behind a motorist who is driving far below the posted speed limit, following too closely behind the vehicle in front of you is a dangerous behavior that can lead to serious accidents. Call us today to schedule your free consultation with a dedicated and skilled Boca Raton car accident lawyer. Weve all been there. Tailgating is a serious problem in Boca Raton h and on other roads and highways throughout the State of Florida. Hollander Law Firm Accident Injury Lawyers has extensive experience helping accident victims in West Palm Beach, Boca Raton and other areas in Florida recover fair compensation in these types of events. Call us at Ph: (800) 518-0508 . If the court finds that you are more than 50% responsible for the cause of the crash, you cannot seek damages against the other driver. Typically, the driver who was tailgating is held liable for the subsequent car accident. Contact the Summerville auto accident lawyers with Joye Law Firm to help you understand your legal options after a tailgating accident and how to seek compensation. Tailgating is the act of following another car too closely. Rosenblum Law is committed to delivering informative content of the highest quality. Of course, most people know this as "tailgating." You must consider the speed of both vehicles, traffic and the condition of the highway when trying to determine the appropriate speed. How close is tailgating? What is the following too closely offence At Hollander Law Firm Accident Injury Lawyers, we are very familiar with accidents caused by reckless drivers, including motorists who follow too closely behind other vehicles. They did great job with my wife car accident injury case God bless all. An attorney will be able to determine the best possible strategy to minimize or eliminate the penalties associated with the ticket. A suspended license is not listed as a penalty for tailgating. As such, a driver who attempts to challenge a tailgating ticket is at a serious disadvantage when presenting arguments before a judge and prosecutor. Teen drivers may not understand the dangers of tailgating. 200 Broadacres Dr. Suite #325, Bloomfield, NJ 07003, 1397 Kensington Ave. Suite #1, Buffalo, NY 14215. Every driver who gets pulled over hopes to avoid getting a traffic ticket. Further, the faster the cars are moving, the more time is needed to reduce speed. Its unlikely that you would be considered at fault if someone rear-ends you while tailgating. 39:4-89) drivers are prohibited from following other vehicles more closely than is reasonable and prudent. (561) 347-7770, 1975 E Sunrise Blvd Suite #702 Fleet safety cameras like Driveri analyze driving behavior (i.e., following too close) and guides drivers in avoiding collisions. If this data is available, attorney Gregg Hollander may be able to obtain it through a subpoena and use it to establish liability. There is no hard-and-fast rule as to how close is too close. A 2009 case out of Ontarioanswers both those questionsand established that defining tailgating, or following too closely, is no simple task. If the other driver admitted to the responding officer that he or she made a mistake, your attorney can obtain a copy of the police report and use it to help prove your claim for damages. This doctrine indicates that the driver who caused the accident is responsible for covering any resulting damages. Instead, stay calm, concentrate on driving safely, and try to get out of their way. In other words, if you drive in a convoy, leave at least a car-length or so of space between the vehicles in front and behind you in the convoy. You most likely have a lot of questions. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard for the speed of the vehicles on, the traffic on and the condition of the highway. How Following Too Closely (Tailgating) Can Lead to a Ticket The employees are great and very friendly., Need help? For example, during periods of inclement weather, a driver may need to increase the following distance to allow enough time to stop the vehicle to avoid a crash. Tailgating is a risky behavior because it can lead to many kinds of accidents: rear-ending another vehicle, being the vehicle that is rear-ended, creating a pile-up on the highway, or even colliding with a vehicle in a neighboring lane. If there is little or no possibility of getting the ticket dismissed or being acquitted of a charge of tailgating, the next best option is to plead guilty with a. . This could mean addressing necessary behavior adaptations to maintain proper following distance for trucks before a collision happens out on the road. For instance, it probably wouldn't be reasonable for drivers to leave huge spaces in front of their vehicles while driving in dense traffic or a crowded parking lot. If you live in the midwest, or other select areas across the United States, theres every chance youve witnessed a hail storm. If youre not on a multi-lane road, or the driver wont let up even after youve moved over, the best thing to do is drive at the speed limit until they pass you. Posted on behalf of James Lynch on March 12, 2020 in Car Accident News. Below are some of the most common types of injuries associated with tailgating accidents and rear-end collisions: Tailgating accidents are often caused by careless, reckless and even hostile drivers who fail to adhere to the rules of the road. For example, in La Mandri v. Carr, two cars collided on a rainy day on the Garden State Parkway. B. If pedestrians or other drivers witnessed the accident, they may be able to confirm that the driver who hit you was following too closely. If your percentage of fault is below that threshold, any compensation you recover will be reduced based on your percentage of fault. Situation in which another driver is following your vehicle too closely. Drivers on the road must ensure that they leave enough space between their vehicle and the vehicle in front of them to avoid collisions when stopping suddenly. Drivers can use this information to correct and adapt quickly, too, keeping everyone safer. For example, if the driver hits their brakes because youre brake-checking them and theres a car following closely behind them, they could cause a rear-end collision. the larger the vehicle, the more space in front of you is needed. Accidents from tailgating can happen at slow speeds, too its not just tailgating on highways that is dangerous. Boca Raton Car Accident & Injury Lawyer | If you need to brake or slow, softly tap your brakes before coming to a stop. Accidents from tailgating can happen at slow speeds, too - it's not just tailgating on highways that is dangerous. Explanation See how Lytxs MV+AI technology can help drivers identify when they are following too closely and make adjustments to keep your companys fleet safer on the roads. Otherwise, you could crash into the back of the lead vehicle and suffer whiplash or another injury. Why Following Too Closely is Dangerous for Drivers Dont make sudden movements or change lanes without signaling firstthis could startle the other driver and cause an accident. If that interaction ends in a rear-end collision, you may incur expensive medical bills and lost wages.
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