Is tailgating while driving considered assault? What rights do we have to defend ourselves?

duck_fook2000

Slam the *&#^ on the brakes!!

Magley64...AM

brake-checking is more dangerous then tailgating....I'm not on the roads to hurt anybody...

Typically if I'm being tailgated I will slow down by taking my foot off the gas until I slow to nearly a crawl (5-10 mph)...

Eventually they will pass you, and then you can speed back up and follow them, take their license plate, and turn them in for speeding..or possible DUI...either way, they get the point that tailgating won't get them to their destination faster...

If you're dead set on brake-checking, hold the brake hard enough to turn on the brake light for a while, if they don't back off from seeing the brake light, then brake check, most people don't have the reflexes to see the car is slowing if the light is already on...

I do not advocate this and intentionally causing an accident can be cause for "reckless operation" charge which is a larger fine than following too closely...at least in this state...And possibly "assault with a deadly weapon"...

theFuj

It's not assault but where I come from, it's against the law to "drive too closely".

I know where you're coming from but there isn't much one can do. These are bullies and if you retaliate, you'll probably end up in jail alongside of the dufus...

so grin and bear it and fight down the urge to stomp the living sh*t out of them...

If you get hit in the rear, the person behind you is at fault. I use to drive alot and when someeone tailgated me, I would slow down. A couple of times I just hit my breaks fast. This usually will get the car behind you to back off.

jplrvflyer

No, it's not considered assault.

And tapping the brakes to scare a tailgater can CAUSE an accident.

Remember also that he might look very close in your mirror but may be following at a somewhat reasonable distance for the conditions, especially if he can either see over or around you -- and thus is just as warned about upcoming hazards as you are.

Alicia

Something should be done about tailgating. I think it is almost more dangerous than speeding. It makes me so nervous when someone is driving that close behind me. Usually if you slow down enough, they'll either go around you or get the point and slow down. I know it's really tempting to break check people, but if you didn't have some reason to stop suddenly, than you may have some fault as well. I'm not really sure about that though. Maybe you won't get into any trouble, but who wants to risk it?

finfan4002

tailgaters are idiots as long as your not going under the speed limit in the left lane.The only ones worse are the ones that blow through the red lights. If your worried about someone messing with you get a concealed carry permit.Just make sure they make the first threat and you tell police you were in fear for your life.

tough cookie

I hate tailgaters although I am sometimes one of them and as far as a I know there's only a ticket 4 it.

pplz1st

if they hit you it's their fault, but always try to get their plate number in case, or have a passenger do it for you

goatslunch

You have the right to pull on the handbrake.

satanspeanut

I don't know the law, but I bet it could be used in court. "He ASSAULTED my client with his car!"
If it hasn't been done yet, it will be.

And to all the people telling how to get a tailgater to back off? That wasn't the question :)

forhirepen

Not assault. The threat of harm is intimidation, not assault. And following too closely would not even be universally considered intimidation. Just pull over and let them by. They are obviously trying to get by you. If not then they are expressing road rage and you should drive to a police station (or pull up next to a cop car).

UCANTCME

Aggressive driving, such as speeding, tailgating, unsafe lane changes, failing to signal intent to change lanes, or other forms of negligent or inconsiderate driving, often escalates into what has commonly become known as â€œroad rage.â€

Road rage is defined as an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of one motor vehicle on the operator or passenger(s) of another motor vehicle, or is caused by an incident that occurred on a roadway and is considered a criminal offense.

Always use your indicators when changing lanes or merging.

Be courteous. If another driver is signaling to change into your lane ahead of you, let them.

Ignore drivers who make angry gestures at you. Separate yourself from them, if possible.

If a vehicle is tailgating yours, attempt to change lanes and let it pass.

If you are being followed, drive to a nearby crowded public place and call for help or drive to a nearby police station. You can also alert police via a cell phone as well.

Gonzo

Slow down to the speed limit. I usually go 5-10 over, so if someone drives up on me and tailgates, it's not because i'm going slow. I slow down (without htting breaks) so that if there is an accident it will not be as bad. If i'm in a 35, i'll go 36. I find half the time people realize they just caused me to do it and back off a bit, and the other half of people get super pissed and get closer. If it's really bad I'll break check them, there isn't anybody to say a deer didn't run out in front of you if there is an accident. If your worried about crazy people assulting you over minor road disputes, a concealed pistol permit tends to get rid of the worry. Just be responsible with it.

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