Tailgating is one of the most dangerous driving behaviors on the road. Following too closely behind another vehicle reduces reaction time and increases the risk of rear-end collisions. In New Jersey, tailgating is not just reckless—it is illegal under state law and can lead to significant legal consequences.
Increased risk of accidents
When a driver follows another vehicle too closely, there is little room for error. If the lead driver brakes suddenly, the trailing driver may not have enough time to stop, resulting in a collision. Rear-end crashes caused by tailgating often result in serious injuries, such as whiplash, spinal damage, and head trauma. In New Jersey, these accidents can result in both traffic violations and personal injury claims.
Legal consequences of tailgating
New Jersey law explicitly prohibits tailgating under N.J.S.A. 39:4-89, which states that drivers must maintain a safe following distance. A violation can result in fines, points on a driver’s record, and increased insurance premiums. More importantly, if tailgating leads to an accident, the driver at fault may be held liable for injuries and property damage. This liability can include compensation for medical bills, lost wages, and pain and suffering.
How to prove tailgating in an accident claim
After a rear-end collision, evidence is crucial in proving that tailgating was the cause. Witness statements, traffic camera footage, and accident reconstruction reports can support a claim. In some cases, skid marks and vehicle damage patterns help demonstrate that the following driver failed to leave enough space. New Jersey follows a comparative negligence rule, meaning that even if both drivers share some fault, the tailgating driver can still be held primarily responsible.
Preventing tailgating accidents
Drivers can reduce the risk of accidents by keeping a safe following distance. A general rule is to leave at least one car length per 10 mph of speed. In adverse conditions such as rain or snow, increasing this distance can prevent crashes. By maintaining a safe gap, drivers can avoid accidents and legal trouble.