In most cases, if another driver causes a rear-end accident, they are liable for the damages. All drivers have an obligation to maintain a safe following distance. Even if you have to stop in an emergency, if the driver behind you is too close to stop in time, they are responsible because they should have kept a larger following distance.
Of course, this does not always happen. You have probably experienced tailgating on numerous occasions, and it can be very stressful having another vehicle so close to your car. How should you handle this?
Do not react aggressively
First and foremost, do not try to brake-check the other driver. People sometimes do this aggressively, trying to scare that driver and get them to back up. But you should never intentionally cause a collision or a near miss.
Instead, you should focus on trying to get the tailgater to pass your vehicle. How you do this depends on your situation.
For example, if you are on a two-lane road and they do not have enough space to pass due to small gaps in opposing traffic, it can sometimes help to gradually slow down. If you are on the interstate, you may simply be able to merge into another lane. If you are on a small city street, you may be able to pull into a parallel parking spot or turn into a nearby parking lot and let them go by.
Your goal should always be safety, and it is safer if the tailgater passes you so that you do not have to engage with them at all.
Seeking financial compensation
While it is important to understand how to address tailgaters and not to respond aggressively, they can still cause accidents. If you suffer injuries due to someone else’s negligent driving, you may deserve compensation for medical bills, lost wages and more.