Preventing Tailgating Car Accidents: Tips for Safer Driving

Tailgating, or following too closely, is one of the leading causes of rear-end collisions. In Colorado, such behavior violates state traffic laws, as C.R.S. § 42-4-1008 explicitly prohibits drivers from following another vehicle more closely than is reasonable and prudent considering speed, traffic, and road conditions. 

While preventing these accidents starts with safe driving habits, not all drivers follow the rules. After getting hit by a tailgating driver, many assume the rear vehicle is always at fault, but insurers may try to shift blame or minimize payouts. This article will cover who may be liable, how to seek compensation, and what legal options are available after a tailgating accident.

If you have questions, a car accident lawyer at Boesen Law is ready to provide recommendations. We offer free initial consultations to evaluate your case.

Why Tailgating is a Leading Cause of Car Accidents

Tailgating (often considered a form of aggressive driving) significantly increases the likelihood and severity of traffic accidents, as it:

• Reduces reaction time: Following too closely diminishes the time available to respond to sudden stops or unexpected obstacles.
• Leads to multi-car pileups: In congested traffic, tailgating can cause chain-reaction crashes.
• Increases stress and road rage: Tailgating contributes to heightened stress levels among drivers, potentially escalating into road rage incidents.

Recognizing the dangers associated with tailgating is the first step to adopting safer driving habits and preventing costly accidents.

How to Avoid Tailgating and Drive Defensively

Following Colorado’s guidelines for defensive driving will help maintain a safe following distance and prevent tailgating-related accidents. Here’s what you should consider:

Maintain a Safe Distance at All Times

Leave enough space between your vehicle and the one ahead to prevent rear-end collisions caused by sudden stops, and increase it when driving in heavy traffic, poor weather conditions, or at high speeds. Remember that larger vehicles and motorcycles need more space due to different stopping distances.

You can follow the three-second rule to ensure a safe gap. First, select a stationary object on the road ahead. When the vehicle in front passes that object, count “one thousand one, one thousand two, one thousand three”. If you reach the object before completing the count, you’re following too closely.

Anticipate Traffic Flow

Watch for brake lights, sudden slowdowns, and lane changes to avoid last-minute stops. Looking ahead to identify traffic patterns early will help adjust your speed smoothly. 

Also, keep your attention on the road and avoid distractions like texting or adjusting controls. Defensive driving is key to staying alert and anticipating potential hazards. Unexpected stops often happen in congested areas, so stay focused and prepare for changes before they occur.

What to Do If Someone is Tailgating You

When encountering a tailgater, respond calmly and safely by following these tips:

• Safely change lanes: If possible, move to another lane to allow the tailgater to pass.
• Avoid braking suddenly: Refrain from braking abruptly, as this can provoke aggressive behavior from the tailgater and increase the likelihood of road rage incidents.
• Maintain a steady speed: Keep a consistent speed within legal limits and avoid engaging with aggressive drivers.

Implementing these practices can help de-escalate potentially dangerous situations and minimize the risk of tailgating accidents.

Who is Liable in a Tailgating Accident?

Determining liability in rear-end collisions involves assessing whether a driver was following too closely. Usually, the trailing driver is deemed at fault.

However, Colorado’s comparative fault laws recognize that multiple parties can share responsibility for an accident. For instance, if the leading driver engaged in dangerous behaviors (such as brake-checking), they may be assigned a portion of the fault. In such scenarios, the compensation a plaintiff can receive will be reduced by their percentage of fault.

To establish liability, Boesen Law’s attorneys use comprehensive evidence, including police reports, witness statements, and, when available, video footage. This evidence helps us accurately determine fault and pursue appropriate compensation.

How to Seek Compensation After a Tailgating Crash

Depending on the specifics of the tailgating incident, you may recover compensation for the following categories:

• Medical expenses: Coverage for emergency care, hospital stays, surgeries, rehabilitation, and any ongoing medical treatments for accident-related injuries.
• Property damage: Reimbursement for the costs associated with repairing or replacing your vehicle and any other personal property damaged in the collision.
• Lost wages: Compensation for income lost due to the inability to work during recovery, as well as future income if the injuries result in long-term or permanent disability.
• Pain and suffering: Monetary compensation for the physical pain and emotional distress endured as a result of the accident, including chronic pain, PTSD, and more.

During a free consultation, a lawyer from our team can assess your situation and provide a tailored legal strategy to help you seek fair compensation.

Steps to Take After a Tailgating Accident

Taking the appropriate actions following a tailgating accident will help protect your rights and strengthen any subsequent legal claims. Here’s what you should do:

• Call the police and file an accident report to document the incident details. 
• Document the accident scene by taking photos of vehicle damage, road conditions, and any injuries.
• Get medical attention, even if injuries seem minor.
• Notify your insurance provider, but avoid admitting fault.
• Contact a car accident lawyer from Boesen Law to handle negotiations and protect your rights.

How Our Colorado Car Accident Lawyers Can Help

Dealing with the aftermath of a tailgating accident can be stressful and overwhelming, especially when injuries and financial burdens come into play. However, Boesen Law is here to help. We provide comprehensive legal support to help accident victims recover physically, emotionally, and financially, including:

• Investigating the accident and gathering crucial evidence (such as police reports, witness statements, and surveillance footage) to build a strong case.
• Handling insurance negotiations on your behalf to prevent lowball settlements and deal with liability disputes.
• Representing you in court if a fair settlement cannot be reached, presenting your case in front of a jury and judge to fight for maximum compensation.

Plus, we work on a contingency fee basis, meaning you don’t pay anything unless we win your case. So, if you or a loved one has been involved in a tailgating accident in Colorado, don’t navigate the legal system alone. Contact a car accident lawyer at Boesen Law by scheduling a free consultation to discuss your case with an expert.