Under Texas State Law, tailgating is illegal.
While the law doesn’t use the word “tailgating,” Texas Transportation Code § 545.062 is the definitive statute that makes it illegal by requiring drivers to maintain a safe and assured clear distance at all times.
Assured Clear Distance Rule
The “Assured Clear Distance” Rule states motorists are required to leave a safe distance between themselves and the vehicles ahead.
(a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
Tailgating is considered an act of negligence and willful disregard.
Subsections (b) and (c) place an additional duty on drivers operating large trucks, to leave enough space for other vehicles to safely merge in front of them on highways outside of cities.
(b) An operator of a truck or a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the two vehicles to enable another vehicle to enter and occupy the space without danger. This subsection does not prohibit a truck or motor vehicle drawing another vehicle from overtaking and passing another vehicle or combination of vehicles.
Penalties for Violation
Violating § 545.062 is a moving violation. The penalties typically include:
-
A fine of up to $200.
-
Two points added to your Texas driving record.
Tailgating frequently leads to devastating rear-end accidents. Additionally, because tailgating is a form of reckless driving, a driver found at fault for tailgating may be subject to punitive damages in a car accident lawsuit.
