Tailgating is one of the most common causes of car accidents in Nebraska, yet many drivers underestimate just how dangerous it can be. Following another vehicle too closely not only increases the risk of rear-end collisions but also carries serious legal consequences. Whether you’re commuting on a busy highway or driving through city streets, understanding the risks of tailgating is essential for your safety and your legal protection.
Accident car attorneys frequently handle cases involving tailgating because these incidents often result in significant injuries, property damage, and complex liability disputes. In Nebraska, the law clearly establishes that drivers must maintain a safe following distance, and failing to do so can be considered negligent or even classified as negligence per se. Knowing how tailgating creates liability can help drivers make safer decisions on the road, protect themselves in the event of a collision, and understand their rights if they are injured by a negligent driver.
In this article, we’ll explore what tailgating is, how it leads to legal liability, common misconceptions about rear-end accidents, and practical steps to take after a tailgating incident. We’ll also explain how experienced accident car attorneys can help victims recover compensation and navigate the complexities of Nebraska law. By the end, you’ll have a clear understanding of tailgating’s risks and why professional legal guidance is essential if you’ve been affected.
Tailgating happens when a driver follows another vehicle too closely, leaving little or no room to react if traffic suddenly slows or stops. It is a form of aggressive and negligent driving that violates one of the most important safety principles on the road: maintaining a safe following distance.
Even at lower speeds, tailgating creates serious risks. Without enough space to brake or maneuver, the trailing driver is far more likely to cause a rear-end collision that results in injuries, property damage, or even multi-vehicle crashes.
In Nebraska, tailgating — often categorized in crash reports as “following too closely” — is explicitly prohibited under state traffic laws. The Nebraska Department of Transportation’s 2024 Annual Report confirmed that traffic fatalities in the state climbed to 251 deaths, the highest total in nearly two decades. While the report does not isolate tailgating in its published figures, Nebraska’s Highway Safety Plan continues to identify following too closely as a key crash factor that contributes to collisions and injuries on the state’s roads. (NDOT Annual Report 2024)
Drivers who tailgate are often found at fault in rear-end collisions because their reduced reaction time indicates negligence. Liability can arise in several ways:
1. Negligence Per Se
In Nebraska, tailgating can be considered negligence per se. This legal concept means that violating a traffic law—such as failing to maintain a safe following distance—is automatically deemed negligent. If a tailgating driver causes a crash, they may be presumed at fault, simplifying legal claims for the injured party.
Nebraska follows a modified comparative negligence rule. This allows injured drivers to recover damages even if they are partially at fault, as long as their share of fault is below 50%.
For example, if a tailgating driver crashes into a car that abruptly stops without signaling, liability may be shared. Still, the tailgating driver could remain responsible for a larger portion of the damages (Knowles Law Firm).
In Omaha, a driver recently rear-ended another vehicle after following too closely. The tailgating driver claimed the lead vehicle stopped abruptly without warning. However, because the following distance was unsafe, the tailgating driver did not have enough time to react, resulting in a collision.
This case illustrates how tailgating can result in liability, even if the lead driver acted unexpectedly.
Many drivers misunderstand who is responsible in rear-end collisions. Here are a few common myths:
“The Lead Driver Is Always at Fault”
Rear-end collisions often lead people to assume the driver in front caused the accident. In reality, if the following driver is tailgating, they may be fully or partially responsible.
“Tailgating Is Only Dangerous at High Speeds”
Even at low speeds, tailgating reduces reaction time and increases the risk of collisions.
“Tailgating Only Causes Minor Accidents”
Tailgating can lead to severe accidents, including multi-car pileups and fatalities. Nebraska’s 2020 statistics show over 2,500 accidents were caused by following too closely (Ausman Law Firm).
If you are involved in a tailgating-related collision, follow these steps:
Ensure Safety: Move your vehicle to a safe location if possible.
Call Authorities: Report the accident to the police to document the incident.
Document the Scene: Take photos, note vehicle positions, and gather witness information.
Seek Medical Attention: Injuries may not be immediately apparent—get evaluated by a medical professional.
Consult an Attorney: Contact a personal injury lawyer to understand your rights and potential compensation.
1. What is considered tailgating under Nebraska law?
Tailgating occurs when a driver follows another vehicle too closely, failing to maintain a safe distance to stop or react to sudden traffic changes. Nebraska law prohibits this behavior, and it is often considered negligent if it leads to a collision.
2. Who is at fault in a rear-end collision caused by tailgating?
In most cases, the tailgating driver is presumed at fault because they did not allow enough distance to stop safely. Nebraska recognizes negligence per se, meaning violating a traffic law (like following too closely) can automatically establish liability.
3. Can I still recover damages if I was partially at fault in a tailgating accident?
Yes. Nebraska uses a modified comparative negligence rule. Injured parties can recover compensation as long as their fault is less than 50%. Liability may be shared, but the tailgating driver often bears the majority of responsibility.
4. Are tailgating accidents only dangerous at high speeds?
No. Tailgating is hazardous at any speed. Even low-speed collisions can cause serious injuries, including whiplash, spinal damage, and vehicle damage.
5. What should I do immediately after a tailgating accident?
Move to a safe location if possible.
Call the police to report the accident.
Document the scene with photos and gather witness information.
Seek medical attention, even for minor injuries.
Contact an experienced accident car attorney to understand your rights and options.
6. How can accident car attorneys help in tailgating cases?
Accident car attorneys specialize in handling rear-end collisions caused by tailgating. They can gather evidence, negotiate with insurance companies, and represent clients in court to ensure fair compensation for injuries, damages, and lost wages.
7. How can I prevent being involved in a tailgating accident?
Maintain a safe following distance (at least 3 seconds behind the vehicle in front).
Avoid distractions like texting or phone calls.
Stay alert to sudden stops or traffic changes.
Use defensive driving techniques and anticipate other drivers’ behaviors.
Experienced accident car attorneys assist with tailgating and rear-end collision cases by:
Gathering evidence, including traffic reports and witness statements.
Negotiating with insurance companies to secure fair compensation.
Representing clients in court if necessary.
Explaining legal options and potential outcomes based on Nebraska law.
Having a knowledgeable attorney ensures you are protected and your claim is handled professionally.
If you’ve been in a tailgating accident in Omaha or anywhere in Nebraska, Inkelaar Law is here to help. Our team of experienced accident car attorneys is dedicated to protecting your rights and securing the compensation you deserve.
Contact Inkelaar Law Today: 1(833) INK-WINS or book an appointment
Don’t let a tailgating accident derail your life. Reach out to Inkelaar Law for expert legal guidance.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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