Following Too Closely
Following too closely is one of the most common examples of bad driving behavior that drivers will see on a daily basis. It occurs for many reasons. Some drivers think the driver in front of them is driving too slowly and that they will speed up if there is a car firmly attached to their back bumper. Other times, drivers may follow too closely in order to intimidate or retaliate against another driver who has offended them in some manner on the roadway. Some drivers may even think that they can save a little gas during these tough economic times if they can draft behind the car in front of them. Still yet, drivers may follow too closely simply because they are unaware that they are doing so. Whatever the motivation, following too closely is a great way to cause an accident and become a defendant in a lawsuit.
The most obvious danger in following too closely is that the car in front of the tailgater will stop or slow down suddenly and that the driver that is following too closely will not be able to react in time to avoid a collision. Another danger with this type of driving behavior is that a driver who is concentrating on following the car in front of them as closely as possible is not aware of other obstacles in the road or suddenly changing driving conditions, such as the actions of other drivers. Driving in such a manner presents a danger to the offending driver and other drivers on the roadway. If such behavior causes an accident, the driver responsible may be liable for actual as well as punitive damages.
Any time a driver is found liable for an accident that causes injuries to the plaintiff, that driver will be liable for the damages incurred by the plaintiff as a result of the accident. However, where the driver at fault acts intentionally, fraudulently, recklessly, or maliciously in causing the accident, Tennessee personal injury law allows for the imposition of punitive damages against that driver. Whether the driver acted in such a manner is a question for the jury, but drivers should remember that many jurors have at some point been perturbed by someone tailgating them on the roadway and may be more inclined to classify such behavior as the kind that can give rise to punitive damages. This line of reasoning may even be justified, because following too closely is often done intentionally or recklessly for the reasons discussed above. Thus, although it is tempting at times to drive in such a manner, it should be avoided at all costs not only because it is dangerous but also because it can be a source of extraordinary liability for drivers under Tennessee law.
