When you’re stuck in traffic, it’s easy to get frustrated.
While some drivers are content to travel at a steady pace, others might decide to speed up or search for an opening.
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How close are drivers legally allowed to follow? Is stomping on your brakes the best way to get a tailgating driver to back off?
Here’s what to do if you are being targeted by a tailgater — or stuck behind a slow driver:
How closely should you follow a car in California?
California law does not specify how much distance should be between cars on the road, according to Krasney Law, a law firm with offices in San Bernardino and Rancho Cucamonga.
“Faster speeds mean you need more distance to stop safely,” the law firm said.
You also need more space between your vehicle and the next one when dealing with heavy traffic, wet or damaged roads or weather conditions such as rain, fog and ice.
What is the three-second rule in driving?
The California Department of Motor Vehicles said drivers should “use the three-second rule to ensure a safe following distance and avoid a collision.”
“Here’s how it works: you should stay at least three seconds behind the car in front of you,” Krasney Law said. “In bad weather or poor visibility, increase this to four or five seconds.”
The Southern California law firm suggests following these steps:
- Pick a fixed object ahead such as a sign, tree or bridge
- When the car in front passes that object, start counting: “one-thousand-one, one-thousand-two, one-thousand-three”
- If you pass the same object before finishing your count, you’re too close.
- Slow down gently until you can complete your full three-second count.
“Following other vehicles at a safe distance gives you enough time to react if another driver makes a mistake,” the DMV said.
What is considered tailgating in California?
Under California law, drivers are banned from following other vehicles “more closely than is reasonable and prudent,” given the type of vehicle, speed of traffic and the condition of the roadway.
Tailgating cars can cause unsafe traffic conditions, as vehicles who stick too closely to others can block the view of the road ahead.
“You will not have enough time to react if the driver in front of you brakes suddenly,” the DMV said.
Is brake checking legal in California?
While you might be tempted to slam on the brakes to prevent someone from following your car too closely, experts say you should avoid that urge.
Under California law, it’s illegal to “suddenly stop or decrease the speed of a vehicle on a highway without first giving an appropriate signal.”
This includes brake checking, according to Maison Law, a law firm headquartered in Glendale.
If you brake too suddenly the driver behind you may not have enough time to react and slow down, potentially resulting in a crash.
“While an aggressive or reckless driver is something you may frequently come in contact with on the road, it’s important to think about what to do in this situation,” Maison Law said.
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What should I do if a driver is following too closely?
Rather than hitting the brakes, “maintain your course and speed,” the DMV said.
Then, when it’s safe to do so, “merge right to change into another lane and allow the tailgater to pass,” according to the DMV and Your AAA Today, an AAA news outlet.
You can also pull onto the shoulder of the roadway or a parking lot when safe, according to Your AAA Today.
If you need to slow down, “brake gently and early to give the driver time to react,” Your AAA Today said.
Whether you feel anxious or angry, stay focused on the road and avoid eye contact and hand gestures, experts say.
Who is at fault for a rear-end collision?
“In the great majority of California rear-end collisions, the rear driver is at fault,” said Cefali & Cefali Personal Injury Lawyers, a law firm with offices in San Juan Capistrano, Pleasant Hill and Hemet.
“When a driver cannot stop in time and strikes the car in front, the natural inference is that the following distance was not reasonable and prudent for the conditions,” the law firm said.
Some traffic collisions may be the fault of the driver in front.
Sudden stops, brake checking, unsafe lane changes and unexpected reversing can also lead to crashes, Cefali & Cefali Personal Injury Lawyers said.
What should I do if I’m stuck behind a slow driver?
California also has laws that keep drivers from going too slow.
“No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic,” California’s Vehicle Code says, unless traveling at a reduced speed is necessary for safety or compliance with law.
If you’re stuck behind a slow driver, remain calm.
“It’s frustrating when a slower driver keeps you from getting where you need to go, and it might be tempting to tailgate, but that’s never a good idea,” Your AAA Today said, an AAA news outlet.
If a car cuts you off too closely, stop accelerating, create space between you and the other vehicle and avoid confrontation.
“Continue driving the speed limit, stay cool and obey traffic signals,” Your AAA said.
What are penalties for stopping suddenly? Driving slowly?
If you’re caught failing to maintain a safe distance between vehicles, you could be found guilty of an infraction punishable by a $238 fine. You could also have points added to your DMV driving record.
You could face a similar penalty if you’re convicted of driving too slowly or stopping suddenly without properly signaling, according to Southern California law firm Shouse California Law Group.
Both are punishable by $238 in fines and the addition of one point to your driving record.
You could face additional charges or civil liabilities if you’re found responsible for a crash.
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