Tailgating, or following another motor vehicle too closely, is a traffic violation in New Jersey with significant fines. More importantly, it’s a safety hazard that increases the risk of an accident, particularly, rear-end collisions which make up more than 17% of two-car collisions and caused 3,400 fatalities in 2022.
Tailgating accidents are serious accidents that are preventable when drivers in New Jersey follow traffic laws and practice due diligence behind the wheel. The law stipulates that drivers maintain at least one car length between cars for every ten miles per hour of speed they are traveling.
What Is Tailgating?
Failing to keep an adequate distance between the front end of one vehicle and the rear of another vehicle traveling directly in front is often called “tailgating,” or following too closely. Tailgating occurs either intentionally because a motorist is driving aggressively or unintentionally when a driver becomes distracted. It’s also common in congested traffic conditions when drivers become impatient and wish to get ahead, or hope to force the driver in front to increase their speed.
Tailgating is against the law in New Jersey under §39:4-89. which states the following:
“The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.”
Law enforcement officers use their judgment to decide what is “reasonable and prudent” when they observe traffic conditions, but the typical standard is to keep one car length of distance for every ten miles per hour of speed. If a motorist is driving at 35 miles per hour, there should be at least three car lengths between the front of their vehicle and the rear of the vehicle directly in front or they could receive a traffic citation with a fine of up to $200 and five points against their New Jersey driver’s license. It may also leave them liable for damages in a lawsuit if their tailgating causes an accident.
What Common Injuries Can Occur In Tailgating Accidents or Rear-End Collisions?
Rear-end collisions are often more than mere fender-benders. They are one of the most common causes of serious injuries and fatalities. Motorists in both vehicles may sustain injuries, but the most serious injuries usually happen to those in the front vehicle who cannot see the accident coming and don’t have time to brace for the collision. Common injuries in tailgating accidents include the following:
- Whiplash (rear-end collisions are the most common cause of painful and debilitating whiplash injuries)
- Other neck injuries
- Back injuries, including of the lower lumbar spine
- Traumatic brain injuries
- Broken bones, including of the wrists, knees, hips, and limbs
- Internal injuries
- Bruises, lacerations, and abrasions
In some cases, a serious tailgating accident results in a Cherry Hill wrongful death lawsuit.
How Can a Car Accident Attorney Help?
Even in no-fault insurance states like New Jersey, a tailgating driver could face liability in a lawsuit for an injury victim’s damages like medical expenses and lost wages if they greatly exceed the limits of their own insurance coverage or under the terms of some insurance policies. An experienced car accident lawyer can help by investigating all aspects of the accident and documenting evidence to present a compelling case. Call Cuneo & Leonetti today for the assertive representation your Cherry Hill traffic accident case deserves. Your attorney will review your options and guide your case forward in a way that recovers the maximum compensation.