Following Too Closely in Alabama
Tailgating—also known as "following too closely"—is more than just an aggressive driving habit. In Alabama, it’s a traffic offense that can carry serious consequences, especially if it leads to a crash. Understanding the law, liability, and penalties involved can help you drive more safely and avoid hefty fines or worse.
Legal Definition of Following Too Closely
Under Alabama law, a driver is considered to be following too closely when they are not allowing enough space between their vehicle and the one in front, taking into account speed, traffic, and road conditions. The key statute, Section 32-5A-89, states:
"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 vehicles and the traffic upon and the condition of the highway."
This means there’s no specific distance spelled out—you’re expected to use judgment based on circumstances. Law enforcement officers may cite a driver for tailgating if their actions are unsafe, regardless of whether a crash occurred.
Accident Liability
When a rear-end collision happens in Alabama, the trailing driver is usually presumed to be at fault. Courts and insurance companies often see tailgating as a clear form of negligence. However, that presumption can be challenged if there’s evidence showing the front driver acted recklessly or violated traffic laws.
In civil lawsuits involving injury or property damage, being found guilty of following too closely can significantly impact the outcome. If you're deemed at fault, your insurance may have to cover:
- Medical expenses
- Vehicle repairs or replacement
- Lost wages
- Pain and suffering
Penalties for Tailgating in Alabama
A tailgating citation in Alabama may not seem severe at first glance, but the consequences can add up:
- Fines: Typically ranges from $100 to $300
- Points on Your License: Tailgating adds 2 points to your driving record under the Alabama Traffic Points System
- Higher Insurance Rates: Insurers may raise your premiums after a citation or at-fault accident
- Court Costs and Fees: If you contest the ticket, additional costs may apply
Repeat offenders or those involved in crashes may face more severe consequences, including license suspension.
Related Violations and Risk Factors
Tailgating often goes hand-in-hand with other dangerous behaviors. You might face additional or enhanced penalties if you're also caught:
- Speeding
- Driving recklessly
- Driving under the influence (DUI)
- Texting or using your phone while driving
It’s also common for drivers to follow too closely in school zones, which may result in harsher penalties under Alabama School Zone Traffic Laws.
Defensive Driving Tips
To avoid a tailgating ticket—or a serious accident—consider these tips:
- Follow the “three-second rule” to ensure a safe distance.
- Increase your following distance in bad weather or heavy traffic.
- Stay calm and patient, especially when stuck behind a slow driver.
- If someone is tailgating you, safely change lanes and let them pass.
These practices can also help you avoid other citations like Driving Too Slowly or Road Rage incidents.
What to Do If You’re Cited for Tailgating
If you receive a ticket for following too closely, here are some steps you can take:
- Review the ticket and any related statutes.
- Consider consulting a traffic attorney, especially if an accident occurred.
- Attend court if required, and be prepared to present any mitigating evidence.
- Enroll in a defensive driving course to potentially reduce points or fines.
Keep in mind that accumulating too many points can lead to license suspension, making it harder to renew or even replace your license.
Following too closely might seem like a minor offense, but in Alabama, it carries real risks—both legal and financial. Understanding the law and practicing safe driving habits can help you stay on the right side of traffic enforcement while protecting yourself and others on the road.