When another driver is traveling too closely behind you, you should move over to the right lane so the driver can pass. While being tailgated can be extremely frustrating, aggressive driving is dangerous driving. The driver who is following too closely may increase the likelihood of a collision.
For this reason, it is critical that you take steps to protect yourself wherever possible. The driver following you may be frustrated that you are traveling too slowly, so it is better to be safe than sorry. Contact a highly experienced North Charleston car accident lawyer from Shelly Leeke Law Firm if you are struck from behind by a driver who was tailgating you.
Defining Tailgating
Tailgating is a way of describing when motorists are driving too close to the back end of your vehicle. Many people also use the expression “following too closely” to describe when the vehicle behind you is not leaving enough stopping distance. This can be dangerous when the car traveling in the front needs to suddenly step on its brakes.
When this happens, the following driver may not have enough time to stop, which could cause a collision. For this reason, motorists should leave 3-4 seconds of stopping distance between vehicles, according to the National Highway Traffic Safety Administration (NHTSA). Motorists who fail to do so could be held accountable in the event of a collision.
Tailgating Is Dangerous
The biggest concern with tailgating is the risk of a car accident. This occurs because tailgating reduces the following driver’s opportunity to stop, react, or slow down if traffic conditions become hazardous. Even a seemingly minor mistake can have devastating consequences when motorists are tailgating.
Drivers need to leave enough time to avoid and react to dangerous roads. You also need enough stopping distance to perceive that the conditions in question are hazardous. Tailgating is considered a traffic offense and is punishable by a fine.
Tailgating Facts in South Carolina
Rear-end collisions are among the most common types of traffic accidents, according to the NHTSA. In fact, in 2022, there were more than 874,000 collisions across South Carolina, according to the South Carolina Department of Public Safety, and 42,795 fatal collisions across the entire country, according to the NHTSA. Many of these rear-end collisions were likely caused by drivers who were tailgating.
The state has begun implementing actionable measures to reduce the number of rear-end collisions that occur throughout SC. In fact, according to the South Carolina Uniform Act Regulating Traffic on Highways, under South Carolina Code §56-5-1930, drivers are legally required to leave enough distance between vehicles so other drivers can pass them when it is safe to do so and should leave enough distance between vehicles that is “reasonable and prudent” for the traffic conditions at hand.
If the driver that rear-ends you was following too closely or distracted, they may be found in violation of state traffic rules and regulations. These violations will be useful as we attempt to prove liability based on a preponderance of the evidence under South Carolina Code §15-36-100 in civil court and with the insurance company. We do not believe you should be stuck covering any of the costs you incurred when the driver who hit you from behind failed to exercise caution as is required by the law.
What Should You Do if Another Driver Is Tailgating You?
Many of our clients ask us “What do you do if another driver is tailgating you?” While it is important to drive as safely as possible and remain calm, you can also take additional steps to protect yourself. If you hope to reduce the likelihood of a collision, consider:
- Switching lanes to allow the following driver to pass you
- Resisting the urge to drive aggressively or develop road rage
- Gently applying the brakes when you need to stop or slow down
- Giving the following driver as much space as you can
- Paying close attention and driving even more cautiously when the driver is following closely behind you
- Notifying law enforcement officials if the following driver appears to be drunk driving S.C. Code Ann. §56-5-2930
- Notifying law enforcement officials if the following driver is threatening or malicious
- Instead of slowing down or speeding up, maintaining a steady rate of speed
Do Not Respond to Tailgating This Way
Although you may be intimidated and aggravated at being tailgated, you should not respond aggressively. This could increase the likelihood of an accident or other adverse consequences. Here are a few other ways you should not respond to tailgating:
- Do not use unpredictable driving maneuvers
- Do not gesture at the following driver
- Do not suddenly slam on your brakes
- Do not attempt to provoke the following driver
- Do not overuse your brakes
- Do not shout at the following driver
- Do not behave aggressively
- Do not attempt to prevent the following driver from speeding or passing you
What to Expect if You Get Hit by a Tailgater
If you get hit by someone who is tailgating, they will more than likely be found liable for causing the accident. You may have the opportunity to file a claim against their auto insurance policy, as car insurance is mandated by the South Carolina Department of Insurance. However, if the following driver does not have auto insurance coverage, you may need to consider alternative options.
Your personal injury attorney can analyze the evidence to determine whether you should pursue a claim with your insurance company or file a civil lawsuit. You may need to pursue multiple avenues if you hope to get the most out of your claim. You can rely on our team at Shelly Leeke Law Firm to conduct a comprehensive investigation, gather witness statements and other supporting evidence, and hire accident reconstructionists to build the strongest case possible against the tailgater.
Contact South Carolina’s Leading Tailgating Car Accident Lawyer
Rear-end collisions are frequently caused by reckless drivers who do not leave enough stopping distance. If you are being tailgated, the likelihood of a collision is high. Do what you can to avoid a collision by moving over so the following driver can pass you, and if you were in a crash a reckless driving accident lawyer can help.
However, if they ultimately strike you from behind, do not panic. Reach out to a strategically aggressive South Carolina car accident lawyer from Shelly Leeke Law Firm to discuss your legal options. Fill out our secure contact form or call our office to schedule your 100% free consultation today.
