Is Tailgating in Traffic Illegal?

In most states, tailgating is illegal. Tailgating may be considered a misdemeanor or traffic infraction, depending on the law of the state. If convicted of tailgating, demerit points assessed on your driving record may happen. Also, you may be required to pay a fine. Some states require jail time for a tailgating ticket, even though this is uncommon. If you stay in North Carolina, for instance, a reputable NC traffic attorney can give you the details.

On the other hand, having a ticket dismissed is usually possible due to a lot of subjectivity involved in the practice. A tailgater may avoid the accumulation of points on his/her license or avoid having fines if he/she can show there were extenuating circumstances involved.

What Exactly is Tailgating?

Tailgating involves driving behind another vehicle at an unsafe distance. The drivers who are tailgating are called tailgaters. And as the name implies, these drivers would practically be extremely near to the tail end of another vehicle.

There is no exact distance between the two vehicles in most states. However, the following includes more details describing how tailgating works:

• One vehicle is driving more closely than reasonable and prudently in this circumstance behind another vehicle
• Alternatively, it includes one driver not leaving enough space in front of him/her, so another vehicle can safely enter that space.

Various factors determine a safe distance between two vehicles. These factors could be vehicular type, speed, road conditions, weather, and more. So, it is crucial to ensure to have enough space to use the brake as needed. More space may also be needed when there are slippery road conditions, and when the following conditions apply:

• Driving at night
• Driving on roads with high-speed
• Driving on an icy or wet road
• Driving behind a semi-trailer, or another huge vehicle
• Driving during limited visibility due to rain, fog, dust, snow, or smoke

If Someone is Tailgating You, What Should you Do? 

A reputable North Carolina traffic attorney will give you details on what to do if someone tailgates you. Otherwise, the following are the main things you should do:

• Stay Calm

Always, remain calm, regardless of what the tailgater is doing. Avoid eye contact, don’t get angry or upset, etc. even if he/she is honking the horn, flashing the lights, making gestures, or shouting at you.

• Keep Watching the Road

When someone is driving too closely behind you, it is easy to get distracted. However, in order to stay safe, you have to keep paying attention to all potential hazards and not just the driver tailgating you.

• Allow The Person to Overtake

reputable North Carolina traffic attorneys will tell you that a tailgater may look for a chance to overtake. So, keep a constant speed and give him/her the opportunity to do so. Sometimes, pulling over to the side of the road may be best.

• Keep Your Distance

Be aware of how other drivers on the road are driving as well as stay away from tailgaters.

• Check on How You’re Driving 

Make sure you’re not doing anything that could provoke tailgating behavior.

• Contact the Police

You can use a mobile phone for emergency situations in most states. So, call the police, so he/she can either give you instructions on how to deal with the tailgater or respond on the scene.

• Don’t Increase Your Speed 

Trying to get away from the tailgater by speeding up can cause you to go over the speed limit.

• Don’t Lower Your Speed

Don’t try to force the tailgater to slow down by slowing down your speed. You can risk a collision and trigger road rage when doing so.

• Don’t Allow the Tailgater to Distracted You

Stay focused on the road and don’t look often in the rear-view mirror.

• Allow the Tailgater to Easily Pass 

It can hazardous when you make it difficult for a tailgater to pass. So, just continue to drive safely and keep a two-second gap after the tailgater overtakes.

• Don’t Anger a Tailgater 

Try not to hit your brakes repeatedly to stop the vehicle from tailgating you. You don’t want to provoke this person and possibly cause extremely dangerous road rage.

How an Attorney Can Help

For more information about tailgating, contact the Law Office of Tony Huynh today! When you want one of the best, proven NC traffic attorneys, Tony Huynh is the one to turn to. He will take on your case, work on the best solution for you, and fight for you to help win your case. Many other North Carolina Traffic lawyers don’t have a track record like his. So, contact this experience North Carolina Traffic lawyer now!