What Should You Do When Someone Is Tailgating You In North Carolina?
Key Highlights:
- If you keep a good space between you and the tailgating North Carolina vehicle, you will allow them to pass without pressing the brake, but the distance between the two must be according to North Carolina state law.Â
- If you brake for any reason, you acquire at least 1 percent of fault for this type of accident in this area and are thereby precluded from claiming any injuries.Â
- It is one of the easiest ways to measure your following distance to use the 3-Second Rule; however, this depends on the weather.Â
- When the tailgater causes an accident, the evidence regarding following too closely NC is self-evident.
- Give us a call at (800) 529-0804 to schedule a free consultation. We work on a contingency basis and thus have nothing to lose if we fail to help you.
What Should You Do When Someone Is Tailgating You In North Carolina?Â
Driving closely behind your car is not only an annoying thing to do but also a very typical one, which might cause a rear-end accident, and in North Carolina, how you react in such a situation is important not only from the point of your personal security but also for filing any claims related to that issue. You don’t have to panic in this situation or press the brakes abruptly. Read below to know everything what need to be done.
My name’s Robert Tatum, and I’m an attorney for Tatum & Atkinson Law Firm. Having been a veteran-owned law firm for more than 15 years, we have a wealth of experience in dealing with North Carolina accident cases; in total, we have over 65 years of combined legal experience. Our team has experience in what to do if you are involved in an accident or are being chased by another vehicle (or assuming the other party’s liability).Â
We can help you represent your best interests and provide you with adequate resources to ensure that you get the compensation that you deserve after your accident.
The Reason Why Tailgating is Dangerous
Tailgating is among the most commonly used driving habits that increase the risk of fatal accidents. Understanding the dangers associated with driving close to the vehicle ahead can enable one to understand the reasons behind the occurrence of these unnecessary accidents, which include:
The Definition of Following Too Closely
When we follow the other car at such a short distance that we have no space to stop in the case of an emergency situation, it is called tailgating North Carolina. According to OSHA (based on NHTSA), tailgating is a part of the list of aggressive driving behaviors; it is both inappropriate and dangerous.
Why This Action Causes Traffic Accidents
Driving safely is associated with time, with those seconds needed for recognizing the danger and avoiding it. However, in the process of following too closely NC, we do not have those seconds, and therefore, following too closely becomes the main factor of rear-end accidents, which are the most common traffic accidents.
What causes tailgating?
It is quite obvious that tailgating North Carolina can be caused by factors such as irritation, the fear of being late, distraction due to a smartphone, aggression, road rage, or lack of awareness regarding the distance required for braking at a certain speed.
Tailgating Leading To An Accident
This usually occurs in frequent areas and ways:Â
- The stop-and-go rush-hour traffic on Interstate 40 and Interstate 440 Beltway, which encircles Raleigh,Â
- Abrupt halting when passing through a red light, andÂ
- Highway intersection areas where abrupt braking leads to accident chain reactions.
Steps to Take when Being Followed Closely on the Road
What to do when tailgated comes down to a few key steps.
Keep Calm and Avoid Playing into Their Hands
The last thing you need is to escalate the situation, which may happen easily if you act on impulse and out of anger. The point is not to punish them; you just want some space and to get away from this situation.
Extend The Following Distance to Provide Space for You
This may seem odd at first, but you should always extend your following distance in order to have space to take your foot off the accelerator rather than using the brake. This is an important part of defensive driving tailgater strategy.
Let Them Pass
Change the lane once you see it is safe to do so, and also let them pass first. Do not accelerate to keep them from passing; it will make the situation worse and will take you above the speed limit.
Exit at the First Opportunity if Necessary
If the situation does not change and you feel threatened, exit at the first safe place, like a service station, and if necessary, dial 911 or *HP to report it to the State Highway Patrol.
Do Not Brake Check
Brake checking law issues are not only dangerous but can also prove to be expensive, as discussed below, according to North Carolina laws. Try to stay smooth and predictable instead.
Road Rage De-Escalation
Tailgating may be one of the causes of road rage, but one of the things that a person shouldn’t do is make the situation worse. Eye contact should not be made, gestures should not be made, screaming is absolutely not advisable, and neither is racing with an angry individual. In case this person starts following you or exits his/her vehicle, you should secure yourself and call the police. Park your vehicle in an open area that is well-lit; don’t go back home.
Following-Too-Closely Law in North Carolina
Here are the key North Carolina laws you need to understand.
What Is Required Under Section 20-152
According to N.C.G.S. § 20-152, it is unlawful to follow too closely the other vehicle under the circumstances of driving, including its speed, traffic, and road conditions. The distance is not specified in feet. This is the legal basis for following too closely NC.
3-Second Rule as a Practical Solution
To see how far off you are, note when the car in front passes a specific point, such as a sign, and start counting. If you reach the same spot before three seconds, you are too close. In rainy, foggy, or dark conditions, give yourself an extra second or two. This is a core defensive driving tailgater technique.
When Following Too Closely Is Aggressive or Reckless Driving
If you are ticketed for following too closely, the matter may get even worse depending on what else you were doing. The ticket for following too closely could become one for aggressive or reckless driving if it results in an injury.
Reasons Why Brake-Checking Can Also Get You to Lose Your Case
This is something that most people do not know when it comes to this matter. Understanding the brake checking law is critical because North Carolina uses contributory negligence, which means that any small percentage of blame placed on you will mean that you cannot be compensated. As such, you will be giving the tailgater exactly what they need to claim contributory negligence against you. What was going to be a case that you were definitely going to win has now become a case that you will lose.
If a Tailgater Causes an Accident
A person who causes an accident by hitting another car due to being too close to it is considered responsible for the accident.
What Role Does “Fault” Play in Your Favor
Taking into consideration that tailgating North Carolina is considered a violation under Section 20-152, the fault in this case will most likely be yours. It should be noted that it is not always the case. The insurer of the tailgater will definitely find some excuse to put you at least 1% at fault and make the tailgater’s position better.
Injuries and Proving Them
Injury claims for rear-end collisions usually include whiplash and neck and back injuries, as well as concussions. The dashcam footage, the report on the accident issued by the police department, photographs, and witness statements are examples of evidence proving the case. Find more information here.
Insurance Issues and What to Do Next
You will most likely sue the liability insurance of the tailgater. If the tailgater leaves after the accident or does not have any liability insurance, you will have to sue for uninsured motorist insurance. In both cases, the adjuster will search for that 1%.
Hit While Being Tailgated by a Driver in North Carolina? Get Advice From Tatum & Atkinson!
Even if all precautions are taken, there is no escaping a reckless driver who may eventually run into you. In this situation, you will notice that the guilty party will try to put the responsibility on you. A little bit of fault in North Carolina is not a small thing. Find out what to do about this for free.Â
Since 2006, North Carolina car accident lawyer from the Tatum & Atkinson Law Firm has helped personal injury victims across North Carolina from our headquarters based at 702 Glenwood Avenue, Raleigh, NC. We are called “Heavy Hitters,” as we know the tricks of insurance adjusters and can prove that following too closely NC is illegal.Â
Moreover, we understand how fast they can get rid of dash cam video. Give us a call at (800) 529-0804 to schedule a free consultation. We work on a contingency basis and thus have nothing to lose if we fail to help you.
Frequently Asked Questions!
Is tailgating illegal in North Carolina?
Absolutely. Drivers cannot tailgate other vehicles closer than is reasonable and prudent according to Section 20-152, but there is no fixed distance since it will vary based on many factors. However, you can get a ticket and a citation for breaking this law. This provides a basic understanding of the regulations controlling tailgating North Carolina.
Can I get in trouble for brake-checking a tailgater?
Sure. Under North Carolina’s 1% at-fault rule and the brake checking law, you will be partially responsible for a collision when brake-checking, and you will not be able to make an insurance claim. People may also be accused of driving recklessly if they do not stop quickly enough because they are tailgating.
The tailgater hit me. Are they automatically at fault?
Usually, tailgaters are cited first since tailgating is against the law. Yet, they have to prove that you are responsible in some way or another, especially under the 1% rule.
What does it cost to hire a lawyer after a tailgating crash?
Absolutely nothing upfront. All cases in this category are done on contingency: no recovery, no fee, and the consultation is free. You can be guided through the process of hiring an attorney by a North Carolina car accident lawyer.
Will my tailgating-accident case go to trial?
While most get settled, when the insurance company resorts to the 1% rule to deny a just amount of compensation, it is usually the preparedness to take the matter to trial that makes the difference.
