The Supreme Court has ruled that a person tailgating another vehicle is liable for an accident if it occurs, emphasizing the importance of maintaining a safe following distance. This ruling clarifies the responsibility of drivers to avoid driving too closely and to be attentive to the conditions of the road.
The ruling came while the court was adjudicating a motor accident claim involving a bike, a car, and a bus. In this case, a bike rider collided with a car that had suddenly braked, and was then hit by a bus after falling down. The biker sustained 100% physical disability as a result. The Supreme Court found fault with all three drivers involved. The court stated that the car driver was at fault for suddenly applying brakes in the middle of the road, and the biker was also at fault for not maintaining a safe distance from the car. The bus driver was also negligent, which resulted in grievous injury and the amputation of the biker's leg.
The court rejected the car insurer's plea that the biker had hit the moving car from behind and that the car driver was not liable. The car owner had claimed that he had suddenly applied the brakes because his pregnant wife had a vomiting sensation at that time, but the court rejected this justification.
After examining the role of all three drivers, the court determined that the biker, who was an engineering student and lost his leg, was also liable for contributory negligence, but only to the extent of 20%. The car driver was liable for negligence to the extent of 50%, and the bus driver was liable for 30%. The tribunal had initially exonerated the car driver and determined the negligence of the biker and the bus driver in the ratio of 20:80. The court awarded a compensation of Rs 1.14 crore to the biker but deducted 20% from it due to his contributory role in the accident. The car and bus were both insured at the time of the accident.
Tailgating is illegal in many states, as it increases the risk of accidents. It is considered a traffic violation and can result in fines, points on a driver's record, or even license suspension, depending on the severity of the offense and local laws.
In South Carolina, Section 56-5-1930 of the South Carolina Code states that "the operator of a motor vehicle may not follow another vehicle more closely than is considered reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway".
Maintaining a safe following distance is important for road safety. A general rule of thumb is to stay at least a few seconds behind the vehicle in front, which allows enough time and space to react to any sudden changes in traffic. Factors such as road conditions, traffic density, and the speed of the vehicles involved can also be taken into account.
Tailgating reduces the safe stopping distance and reaction time if the vehicle in front suddenly brakes or encounters an obstacle. It increases the risk of rear-end collisions, which can lead to injuries, property damage, and traffic congestion. Following too closely reduces visibility of the road ahead and can make it difficult to see hazards, road signs, and other important information.
If a driver is tailgating, it is important to stay calm and avoid road rage. Drivers should maintain a safe speed, avoid sudden stops or maneuvers, and signal their intentions clearly. If possible, drivers should safely change lanes to let the tailgater pass or increase their following distance from the vehicle in front of them. If the tailgating persists and a driver feels unsafe, they should find a well-lit, populated area to pull over and let the tailgater pass.
