Tailgating Accidents in Texas: Comprehensive Legal Guide

February 5, 2024

Tailgating is a serious problem on Texas roads. When drivers follow too closely, they don’t have time to react if the car in front of them slows down or stops. This can easily lead to a rear-end collision.

Did you know that rear-end collisions are the most common type of car accident in the United States? The National Highway Traffic Safety Administration (NHTSA) reports that they cause 23% of all crashes. Tailgating is a major factor in many of these accidents.

If you’ve been hurt in a tailgating accident, you need to know your rights. I’m a personal injury lawyer in Texas with ample experience handling tailgating accident cases. In this blog post, I’ll explain everything you need to know about tailgating accidents under Texas law.

What is Tailgating?

Tailgating means following another car too closely. Texas law doesn’t say exactly how much space you need to leave between your car and the one in front. But the law does say drivers need to keep a safe distance based on factors like:

• Speed: The faster you’re going, the more space you need to stop safely.
• Traffic: If traffic is heavy, you need to leave extra space in case the car in front stops suddenly.
• Road conditions: In bad weather, like rain or snow, you need even more space.

If you don’t have enough time to stop safely, you’re probably following too closely.

The Dangers of Tailgating

When drivers tailgate, they significantly reduce their stopping distance, increasing the risk of a rear-end collision. Stopping distance is proportional to the size and weight of the vehicle, with heavy trucks requiring about twice the distance to stop compared to passenger vehicles. Tailgating also reduces perception and reaction times, making it harder for drivers to identify hazards and respond to them in a timely manner. Creating a “safety cushion” of at least two seconds between vehicles can help prevent tailgating accidents.

Tailgating Laws in Texas

When it comes to road safety, understanding and following tailgating laws is crucial. In Texas, tailgating is considered illegal under state law. The act of following another vehicle too closely is not only dangerous but also an aggressive form of negligence that often leads to rear-end accidents.

Under Texas law, the driver who is tailgating and following too closely is typically held liable for a rear-end collision. However, it’s important to note that drivers who engage in brake checking may also share some responsibility for the accident. This highlights the importance of maintaining a safe following distance at all times.

To promote road safety and prevent car accidents, drivers must understand their rights and responsibilities when it comes to tailgating. By respecting the law and practicing safe driving habits, we can collectively contribute to a safer driving environment on Texas roads.

Who’s Liable in a Tailgating Accident?

In most cases, the driver who rear-ends another car will be held liable (responsible) for the accident. That’s because tailgating is usually considered negligence.

Negligence is a legal term that means failing to act with reasonable care. Drivers have a duty to drive safely and avoid hurting others. Tailgating violates that duty.

However, there are exceptions. For example, if the lead driver intentionally slams on their brakes to cause an accident (“brake checking”), they may share some of the blame. Here are a couple of other scenarios where the lead driver may have some responsibility:

• The lead driver cuts off the tailgating driver: This sudden merge can contribute to an accident, even if the tailgater was following too closely.
• The lead driver has faulty brake lights: If the tailgating driver couldn’t reasonably see that the lead car was braking, they might not be fully liable for the accident.

It’s important to note that even under these exceptions, the tailgating driver will likely still bear most of the responsibility for the collision.

Understanding Brake Checking

“Brake checking” is a dangerous driving act where a driver brakes suddenly to catch a tailgater off guard. This can lead to severe car accident injuries. While there is no specific law in Texas prohibiting brake checking, it is considered reckless driving. If a driver engages in brake checking and causes an accident, they may be held partially responsible under the comparative negligence doctrine.

Brake checking is a risky behavior that can escalate tensions on the road and create hazardous situations. When a driver intentionally brakes suddenly, it can surprise the tailgater and significantly reduce their stopping distance, increasing the risk of a rear-end collision. The abrupt deceleration can catch the tailgater off guard and leave them with little time to react, leading to a potentially devastating accident.

Although brake checking is not explicitly addressed in Texas law, it falls under the umbrella of reckless driving. Reckless driving is a serious offense that endangers the lives of others on the road and can result in legal consequences. Drivers who engage in brake checking may be held partially responsible for any injuries or damages that occur as a result of their actions.

It’s important to note that determining liability in brake checking incidents can be complex. Comparative negligence is a legal doctrine that allows each party involved in an accident to be assigned a percentage of fault based on their actions. This means that even if a tailgater is found to be at fault for following too closely, a driver who brake checks may still bear some responsibility for the resulting collision.

Rear-end collisions caused by brake checking can lead to serious car accident injuries, including whiplash, fractures, traumatic brain injuries, and even fatalities. The consequences can be life-altering, affecting victims physically, emotionally, and financially.

It’s essential for all drivers to prioritize safety and avoid engaging in reckless behaviors such as brake checking. By maintaining a safe following distance, practicing defensive driving, and seeking legal recourse when necessary, we can work together to prevent rear-end collisions and promote safer roads for everyone.

How to Prove the Other Driver Was Tailgating

If you were injured in a tailgating accident, there are steps you can take to gather proof to support your claim:

• Get witness statements: If anyone saw the accident, get their names and contact info. Their eyewitness accounts can be powerful evidence for your case.
• Take photos or videos: Take photos or videos of the accident scene, damage to the cars, and your injuries. This visual record helps show the events of the accident.
• See a doctor: Get medical treatment for your injuries right away. This creates medical records linking your injuries to the accident, which is essential for proving your damages.

I can also help you gather evidence to prove your claim. Here’s what I might do as your lawyer:

• Request the police report: This may contain statements from the other driver or witnesses that could support your case.
• Hire an accident reconstruction expert: An expert can analyze the accident to determine how it happened and who was at fault.

It’s important to gather evidence as soon as possible after the accident, as memories fade and evidence can be lost over time.

Your Rights After a Tailgating Accident

If you have been involved in a tailgating accident and suffered injuries, it’s crucial to understand your rights and seek legal representation to ensure you receive the compensation you deserve. A skilled car accident lawyer can guide you through the complex legal process and fight for your rights.

In a tailgating accident, you may be entitled to various damages, including:

• Medical expenses: Compensation for the cost of medical treatment, surgeries, medications, and rehabilitation.
• Lost wages: Reimbursement for the income you lost due to your injuries and inability to work.
• Loss of future earning capacity: Compensation for the impact of your injuries on your ability to earn income in the future.
• Pain and suffering: Financial compensation for physical pain and emotional distress
• Loss of enjoyment of life: Money to make up for reduced quality of life caused by the accident.
• Punitive damages in cases of gross negligence: In some cases, if the at-fault party’s conduct is deemed particularly reckless or intentional, you may be eligible for punitive damages as a form of punishment.

To ensure your rights are protected and maximize your chances of receiving fair compensation, it’s crucial to consult with an experienced car accident lawyer. They have the expertise to investigate your case, gather evidence, and build a strong legal strategy on your behalf. With their help, you can hold the responsible parties accountable for their actions and pursue the compensation you deserve.

Reasons People Tailgate

In order to understand and address tailgating behaviors, it is important to explore the reasons why people engage in this dangerous driving habit. Tailgating can be attributed to a variety of factors, including distracted driving and road rage.

One common reason for tailgating is distracted driving, specifically the use of mobile phones while behind the wheel. As drivers pay more attention to their devices rather than the road ahead, they may unintentionally tailgate the vehicle in front of them. This distracted behavior increases the risk of rear-end collisions and compromises road safety.

Another reason people tailgate is a response to feelings of frustration or anger towards another driver’s actions. When drivers perceive that they have been offended or wronged, they may resort to tailgating as a form of revenge. However, this aggressive behavior only exacerbates tensions on the road and can lead to confrontations and road rage incidents that put everyone at greater risk.

It is essential for drivers to resist the urge to tailgate and instead maintain a safe following distance. By remaining focused on the road, refraining from distractions, and practicing patience, drivers can contribute to a safer driving environment and reduce the frequency of tailgating-related accidents.

Tips to Prevent Tailgating

To prevent tailgating and promote safe driving habits, there are a few key strategies that drivers should keep in mind. By following these tips, you can help maintain a smooth traffic flow and minimize the risk of rear-end accidents.

1. Avoid distracted driving: One of the main contributors to tailgating is distracted driving, particularly the use of smartphones. To prevent tailgating, it is crucial to keep your focus on the road and avoid using your phone while driving. This will allow you to maintain a proper following distance and react to any sudden changes in traffic.
2. Stay calm and composed: Keeping your cool on the road can go a long way in preventing tailgating incidents. It’s essential to avoid aggressive driving behaviors that may provoke other drivers, such as excessive speeding or sudden lane changes. By maintaining a calm demeanor, you create a safer driving environment for everyone on the road.
3. Plan your journey: Leaving earlier to avoid being pressed for time can significantly reduce the likelihood of tailgating. When drivers are in a hurry, they may resort to tailgating to try to make up for lost time. By allowing yourself enough time to reach your destination, you can drive at a comfortable pace and minimize the chances of tailgating.
4. Utilize the right lane: If another vehicle is tailgating you, it is recommended to drive primarily in the right lane. This lane is typically meant for slower-moving vehicles, and by staying in it, you can allow faster drivers to pass safely. If necessary, signal your intention to move into the right lane to allow the tailgating vehicle to overtake you instead of resorting to brake checking.

Implementing these tailgating prevention strategies can not only protect you and your passengers but also contribute to the overall safety and efficiency of traffic flow on the roads.

What to Do After a Tailgating Accident

If you’ve been in a tailgating accident, take these steps to protect yourself:

1. Stay safe. Move your car to a safe spot off the road, if it’s drivable. Turn on your hazard lights to warn other drivers.
2. Check for injuries. Call 911 if you or anyone else is hurt. Even if you feel okay, it’s important to get checked by a doctor, as adrenaline can mask symptoms.
3. Call the police. It’s important to have a police report documenting the accident. Get a copy of the police report for your records.
4. Exchange information. Trade insurance and contact information with the other driver. Don’t admit fault, even if you think you may have been partially responsible. A simple “I’m sorry” could even be misconstrued as an admission of guilt.
5. Document the scene. Take pictures or videos of everything – the damage to your car, the other car, skid marks, the location of the accident, etc. If there were witnesses, try to get their names and phone numbers.
6. See a doctor. Even if you think you’re okay, get checked out by a medical professional as soon as possible. Some injuries, like whiplash or concussions, don’t show up for hours or days after the accident.
7. Talk to a lawyer. Before you speak to any insurance companies (including your own!), it’s wise to consult with a personal injury lawyer.

Steps to Take After a Tailgating Accident:

Seeking Legal Help After a Tailgating Accident

If you have been involved in a tailgating accident and rear-ended by another driver, it is crucial to seek legal representation from a qualified car accident lawyer in Dallas. Time is of the essence, so it is essential to contact a lawyer as soon as possible to protect your rights and pursue the compensation you deserve.

A skilled car accident lawyer will understand the complexities of tailgating accidents and the laws surrounding them. They will work diligently to gather evidence, assess liability, and build a strong case on your behalf. With their expertise, they will navigate the legal process and negotiate with insurance companies to secure fair compensation for your injuries and losses.

When you work with a reputable Dallas car accident lawyer, they will advocate for your rights and fight to maximize your compensation. They will help you recover damages for medical expenses, physical therapy, lost wages, pain and suffering, and other related costs. Their goal is to ensure that you receive fair and just compensation for the impact the accident has had on your life.

Legal representation is particularly crucial in tailgating accidents, as proving liability can sometimes be challenging. The driver who rear-ends another vehicle is typically considered at fault, but insurers may attempt to shift blame or downplay the severity of your injuries to minimize their payout. An experienced car accident lawyer will navigate these tactics and protect your interests throughout the legal process.

Contacting a Car Accident Lawyer After a Tailgating Accident

If you need legal assistance after a tailgating accident, it is crucial to contact a qualified and experienced car accident lawyer. A car accident lawyer specializes in cases involving car accidents and can provide you with the legal representation you need to navigate the complex legal process.

A reputable car accident lawyer will offer a free consultation where you can discuss the details of your case. During this consultation, the lawyer will evaluate the merits of your case and provide you with expert advice on the best course of action to take.

With the help of a reputable car accident lawyer, you can increase your chances of a favorable outcome in your tailgating accident case.