Tailgating, or following another vehicle too closely, can lead to serious accidents and is generally considered a traffic violation; however, in some situations, the law may deem it a misdemeanor. It depends on the circumstances and the severity of the incident.
In Arizona, as in many other states, the specific legal consequences for tailgating that causes a serious accident can vary.
Traffic violation tickets
Tailgating is typically a traffic violation, and law enforcement may issue tickets to the driver responsible. The severity of the ticket may increase if the tailgating results in a serious accident.
Points on driving record
Convictions for traffic violations often result in adding points to the driver’s record. Accumulating too many points within a specific period can lead to license suspension or other consequences.
Insurance consequences
A serious accident caused by tailgating can lead to increased insurance premiums or even the cancellation of the driver’s insurance policy. Insurance companies may view the driver as a higher risk, and this can affect rates for an extended period.
License suspension or revocation
In some cases, the state may suspend or revoke the driver’s license. First-time offenses may garner a 30 to 90-day suspension while repeat offenders may face more serious and long-term consequences.
Legal liability
Courts may hold the driver who was tailgating legally liable for the damages resulting from the accident. This can include medical expenses, property damage and other costs.
Fines and punishment
A charge of following too closely under Arizona statute 28-730 may result in a fine and points on auto insurance. However, if a driver’s behavior results in a charge of reckless driving under ARS 28-693, the consequences may include up to four months in jail, higher fines and license suspension.
Civil lawsuits
In addition to any criminal or traffic penalties, the driver may also face civil lawsuits from other parties involved in the accident. This could result in further financial consequences.
Specific legal outcomes depend on the details of the accident, local laws and the decisions made by law enforcement, prosecutors and the court system. In any case, tailgating is dangerous, and maintaining a safe following distance is always advisable to prevent accidents and ensure road safety.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
