If you were in an accident involving a vehicle following you too closely, you may wonder, is tailgating illegal? Yes. Tailgating is one form of aggressive driving, and around 80% of drivers admit to driving aggressively in the last year.
Is Tailgating Illegal?
Yes, it is against the law to tailgate in Arizona.
Arizona statute 28-730 states a vehicle should not follow another closer than is prudent and reasonable. Factors drivers should consider for proper following distances include weather and traffic conditions.
It is also common for law enforcement officers to consider the “two-second rule” and car length. The two-second rule refers to a two-second driving interval between two cars. Drivers can most easily determine if they are following this rule by selecting a landmark and ensuring they can count to two before they reach it.
Regarding car length, there should be one car length between vehicles for every ten miles per hour of speed. In general, vehicles traveling faster should have more distance between them, as it takes longer to stop.
What Are Common Injuries That Result From Tailgating Accidents?
Various injuries can occur in a tailgating accident. The severity of accidents varies depending on the traveling speed and other factors. Common injuries include:
- Whiplash
- Traumatic brain injuries
- Dental injuries
- Torso and rib contusions or fractures
- Wrist fractures
- Spinal cord injuries
Not all symptoms appear right after an accident. For example, typical symptoms of whiplash, such as headaches, neck pain, and tingling in the extremities, may take a few hours or even longer to show up. Seeking medical treatment shortly after the crash may allow doctors to diagnose injuries before you notice symptoms.
What Are the Penalties for Tailgating?
The legal penalties for tailgating may include points on your driver’s license, a fine, or the suspension of your driver’s license.
The specific legal consequence may vary depending on whether the particular Maricopa County judge determines the driver following too closely was driving recklessly and aggressively or if they were simply not paying attention.
The individual who causes a tailgating collision may also face additional consequences. If the driver or passengers of the other vehicle received injuries, the at-fault driver may be responsible for paying for medical expenses, property damage repair, and lost wages. For specific injuries, such as traumatic brain or spinal cord injuries, the injured individual may need lifelong treatment, which results in much higher associated damages.
Who Should You Contact if Someone Hit You While Tailgating?
One of the first steps you should take if someone caused an accident by tailgating you illegally in Chandler, Mesa, or another Maricopa County city is to contact one of our Phoenix car accident attorneys at Sargon Law Group. We will help you establish if you can take legal action. You should also contact a medical professional because there is a chance you received injuries.
Our team at Sargon Law Group will look at the facts of your case and determine whether we can help. If so, we do not collect any fees from you unless you win your case. Contact us to set up a free consultation.