California drivers are not allowed to tailgate and can be cited and held responsible for a rear-end collision.
California Vehicle Code (CVC) implies that drivers should never follow another car so closely that they can’t avoid an accident.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.
The Law Regarding Tailgating in California
Drivers are responsible for leaving enough space in front of them to be able to brake to avoid a rear-end accident.
The space that’s needed isn’t specified, but it would depend on these factors listed in CVC 21703.
- The speed of the driver ahead
- The level of traffic
- The condition of the roadway
Motorists should take these factors into account when determining how much space they need to stop safely, especially if there is a sudden traffic slowdown or a weather hazard.
If they strike someone in front of them, it’s very likely they will be found at fault for the collision and could have to pay medical bills and replace lost income for any victim they injure.
The Fresno Bee also reports that a conviction under CVC 21703 can lead to a fine and one point on a driver’s license. The fine would likely start around $200, with expensive court fees tacked on afterward.
Avoiding Tailgating
The California Code doesn’t go into how to avoid tailgating, but the DMV Driver’s Handbook does offer some safety tips.
They suggest the Three-Second Rule to help gauge how far back the driver should be. It’s a method that starts with marking when the car ahead passes an object alongside the road (e.g., a sign or a cow). Then you would count off three seconds. If you pass the same object 3 seconds later or more, you probably have a proper amount of space between your car and the leading car.
This gives time to notice that a driver ahead is slowing down or stopping. It also allows space to brake sufficiently.
The DMV also gives these tips:
- If a tailgater is behind you, keep a steady speed, then merge into the right lane and let the driver go around if possible.
- Be extra careful when behind a motorcyclist while on gravel or going over metal surfaces like bridge grating and railroad tracks. Allow extra space. Motorcyclists can more easily lose control on these surfaces. You’ll want to have space to come to a stop before hitting them.
When Does Tailgating Become Road Rage?
While there is no law dealing with “road rage” particularly, in California, drivers can be charged with reckless driving or even assault with a deadly weapon in extreme cases.
Tailgating with a willful disregard for safety could result in a reckless driving charge under CVC 23103. Behavior that goes beyond normal careless tailgating could trigger charges.
That behavior could include:
- Changing lanes aggressively
- Running up on the rear end of your car repeatedly
- Blocking you from switching lanes purposely
- Forcing you off the road
Assault with a deadly weapon could be charged if a driver exhibited hostility by ramming a car on purpose, or tried to.
See: Is Brake-Checking Illegal?
Contact a California Car Accident Attorney
If you are seriously injured by a driver tailgating you and rear-ending your vehicle, it’s a good idea to go over your case with a lawyer.
You can talk to our California car accident lawyers in a free case consultation.
There’s no obligation for your meeting. But if you do need our help, you don’t have to worry about how you’ll pay a lawyer at such a tough time. We aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
