If you were injured in a tailgating-related accident on a California freeway, you may have a strong personal injury claim. Tailgating—following another vehicle too closely—is not only dangerous but is also illegal in California. When another driver tailgates and causes a crash, especially at high freeway speeds, they are often found at fault for the accident.
🚗 What Is Tailgating?
Tailgating is when a driver follows the vehicle in front of them too closely, not allowing a safe stopping distance. Under California Vehicle Code § 21703, drivers must maintain a safe following distance that allows them to stop safely if the vehicle in front slows or stops.
This behavior is particularly hazardous on freeways, where speeds are high and reaction times are short. Tailgating is a leading cause of rear-end collisions, which can cause significant injuries and property damage.
💥 Common Injuries from Tailgating Accidents
Tailgating accidents, especially at freeway speeds, can lead to:
- Whiplash and neck injuries
- Spinal injuries and herniated discs
- Head injuries (including concussions)
- Broken bones (ribs, wrists, arms, legs)
- Back injuries
- Airbag injuries
- Facial trauma from impact with steering wheels or airbags
Even if your injuries seem minor at first, symptoms can worsen over time.
⚖️ Liability in Tailgating Accidents
Tailgating is a presumptive sign of negligence under California law. In most rear-end collisions, the tailgating driver is presumed to be at fault unless they can prove the front driver acted in an unexpected or unlawful way (e.g., braking suddenly for no reason).
To prove negligence, you must show:
- Duty of care – The driver had a responsibility to maintain a safe following distance.
- Breach of duty – They failed to keep that distance by tailgating.
- Causation – Their tailgating caused the collision.
- Damages – You suffered injuries and/or financial losses.
🧩 Evidence That Helps in a Tailgating Case
To build a strong case, you or your attorney will want to collect:
- Dashcam footage or traffic camera video (if available)
- Photos of the damage to both vehicles
- Police report (which may cite the other driver for following too closely)
- Witness statements
- Medical records showing your injuries
- Cell phone records or black box data (if distracted driving or excessive speed was involved)
Tailgating is often part of aggressive or reckless driving, so additional evidence of speeding, weaving, or road rage can strengthen your case.
💰 What Compensation Can You Recover?
If you were injured due to someone else tailgating, you may be entitled to compensation for:
✅ Economic Damages:
- Medical bills
- Future medical treatment
- Lost wages
- Vehicle repair or replacement
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
👨⚖️ Do You Need a Lawyer?
Yes—tailgating accidents might seem straightforward, but insurance companies often try to:
- Shift blame by accusing the front driver of “brake checking”
- Downplay injuries as “minor” or caused by a pre-existing condition
- Offer low settlements before you understand the full extent of your injuries
A personal injury attorney can help you:
- Prove liability using police reports, accident reconstruction, and expert testimony
- Handle all communication with the insurance company
- Accurately value your case and fight for maximum compensation
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].