Sick of being followed too close? Here’s how NC law recommends you react to tailgaters
For many drivers, tailgaters are one of the biggest nuisances on the road. The practice of tailgating, or following another motor vehicle too closely, can also be dangerous.
Following too closely was a contributing factor in 4,581 crashes in North Carolina during 2023, according to data from NCDMV. Drivers often respond to tailgaters by brake checking them, but doing so could cause an accident and land you in legal trouble.
So, how should you deal with someone following you too closely on the road? Here’s what state law says about tailgating and brake checking on North Carolina roadways.
Is tailgating illegal in NC?
Yes. State law makes it illegal to follow other motor vehicles too closely.
Penalties for tailgating can include a $35 fine, two points on your driving record and increased auto insurance costs, according to Browning & Long, a law firm based in Charlotte.
Is it legal to brake check tailgaters in NC?
No. Brake checking, or intentionally slamming on your brakes in order to scare the driver behind you and make them slow down, falls under the category of aggressive and reckless driving in North Carolina, according to Wilder Pantazis Law Group, a firm based in Charlotte.
Reckless driving is considered a class 2 misdemeanor, according to state law, punishable by up to 60 days in jail and a $1,000 fine.
Seriously injuring someone or killing someone during a brake checking accident can result in felony charges and up to 204 months in prison and permanent revocation of your driver’s license, Browning & Long says.
What can you do when someone is tailgating you?
If someone is tailgating you, you shouldn’t encourage the behavior or escalate the situation.
Instead, you should move to another lane and signal for the driver to pass you, according to the N.C. Division of Motor Vehicles Driver Handbook.
“Stay in the middle of the lane and leave space on both sides of your vehicle,” the handbook says. “Allow ample room between your vehicle, parked vehicles and oncoming traffic.”
Here are some other tips on how to handle tailgaters, according to Tatum & Atkinson, an NC-based firm:
Maintain a consistent speed to reduce frustration for you and the tailgater
Create space and change lanes to let the tailgater pass
Use your turn signals to allow the tailgater to anticipate your moves
Report aggressive driving to law enforcement
This story was originally published October 21, 2024 at 2:42 PM with the headline "Sick of being followed too close? Here’s how NC law recommends you react to tailgaters."
