Tailgater Video; who's at fault?

blu2u2

New member
This incident caused both lanes of 41 to be backed up for several miles. I was traveling north on 41 and crawled by the scene to see the aftermath. A total of three vehicles had moderate damage from this. The only good outcome was no injuries and PS1 got a lot of free advertising!
So who is at fault??? 70% tailgater and 30% driver that was slowing for the ant that was crossing the road.
 

durphee

Well-known member
If you tailgate you bear the responsibility or at least be a better driver than to totally freak out and lose control. I'm watching it on my phone so I don't have a big screen but it doesn't appear the front car slammed on its brakes. If he slams on them, he definitely bears some responsibility. If he applies small pressure to them I'd definitely say it was the tailgater. The tailgater looks like a bad driver and definitely highly over steered in the situation and needs to learn how to drive. BUT, it does annoy the heck out of me having slow drivers in the left lane, move over for everyone's safety.
 

sweeperguy

Active member
Fair game for play was initiated...

Freeway is not a place to "play". Other people can be hurt due to your "games". The driver that lost control nearly went into oncoming lanes of traffic. Consequences could have been devastating.
My hope would be that you guys that think the highway is some kind of playground, see this video as how close this came to changing peoples lives for ever. And possibly rethink what they may or may not do in similar situations.
 
Last edited:

Skylar

Super Moderator
Staff member
Tailgating is against the law in Wisconsin, therefore the tailgater is at fault. Front vehicle was doing nothing against the law. End of story.
 

sweeperguy

Active member
Tailgating is against the law in Wisconsin, therefore the tailgater is at fault. Front vehicle was doing nothing against the law. End of story.

May not necessarily be end of story:
https://jimcorleylaw.wordpress.com/...inal-charge-prevent-accident-injury-recovery/

We’ve all done it, or had it done to us. One car is tailgating another and the front car slams on his brakes to back the second car off. What you may not know is that this tailgate stopping action can lead to both civil and criminal assault charges and can block the front driver from any injury recovery if it actually leads to an accident
 
Last edited:

snobuilder

Well-known member
everyone hates the tailgater....end of story.
Based on numbers alone,....tailgaters are more dangerous than drunk drivers.
 

frnash

Active member
personally, frnash...I think you need to get out there and tail gate a state patrol cruiser like in the video and get back to us on how that worked out for you!
No tailgating for me. At my age, I'm nowhere near as frisky a driver as I used to be; I recognize that my reaction time is slower than several decades ago. That, and there's little room in my budget for $200+ traffic tickets these days, or for increased insurance premiums!

I will guarantee that if the lead vehicle was a Highway Patrol vehicle (under cover, perhaps) the driver would not have stomped on the binders in the manner shown in the video. More likely a few very brief taps on the brakes to merely blink the taillights in a manner designed to unambiguously send the message: "BACK OFF!" with no sense of severe braking, as mentioned below.
… In this situation i usually tap the brakes quickly to give the tailgater a brief warning to get him to slow down. If that doesnt [sic] work, then he has had a warning, and the hard brake application is soon to follow. …
Yes a brief flash(es) of the lead vehicle's taillights both used to be the rule. A brief warning, definitely yes, but if that doesn't work, then no stomping on the binders, just GTF over to the next lane!
Seems to me that years ago,...without getting to close.... faster traffic would simply flash the guy ahead to move over please, but I suppose nowadays a flash would be grounds for another road rage incident....everyone is impatient and thin skinned. …
Yes, a brief flash of headlights/high beams from the overtaking vehicle (as occasionally seen on the Autobahn) as a gentle message to a perhaps inattentive driver ahead. And "Road Rage" is definitely another far too common and equally stoopid response these days, to almost any trivial thing!
If you tailgate you bear the responsibility or at least be a better driver than to totally freak out and lose control. … If [the lead driver slams on his brakes], he definitely bears some responsibility. If he applies small pressure to them I'd definitely say it was the tailgater. …
Both drivers are clearly at fault.

Technically/legally, the primary responsibility is on the driver of the trailing vehicle, who is supposed to be driving in such a manner as to be able to stop his vehicle in the "assured clear distance ahead", say for example if some debris on the roadway might cause the lead vehicle to employ some abrupt maneuver.

WТF ever happened to common courtesy, with just a wee tad of patience with that somewhat inattentive "Q-Tip" from "Stun City/Seizure World" driving the lead, who may need a few more seconds and a bit more than a 25 foot gap to negotiate the necessary lane change? :confused:
 

towtruck

New member
100% tailgaters fault -
they never get a ticket- so they continue to tailgate -but they do get to their destination 2 seconds earlier so I guess it's all worth it
 

frnash

Active member
Excellent article (quoted here in part):
"Slamming your brakes when being tailgated can lead to criminal charges, civil lawsuits, and an empty hole in your wallet when it comes to personal injury cases."
Exactly. And as I mentioned earlier, potentially including a charge of vehicular manslaughter. Such behavior on the part of either "break-checker" or tailgater in this "playground" (Not!) requires a thick skull, a very fat wallet, and plenty of time in your life calendar for a trip to in the nearest trauma center and/or a leisurely few years in the state lockup. Are ya ready for that? Dumb Schitz, both!
 

srt20

Active member
everyone hates the tailgater....end of story.
Based on numbers alone,....tailgaters are more dangerous than drunk drivers.

And please people, never ever tailgate drunk. It's dangerous! Always give plenty of room for slowed reaction time while operating intoxicated. Haha
 

snobuilder

Well-known member
I'd take my chances with a jury of my pears....perfect justice was served in this case without costing the taxpayers a dime....everyone hates tailgaters....even other tailgaters.
 
Last edited:

srt20

Active member
The lead driver hit brakes, but the vehicle didn't dive. They didn't hit brakes hard. Tailgater is a fool and can't drive. Luckily nobody got hurt from tailgaters foolish driving. Tailgater at fault 100%
That's my story and I'm sticking to it.

Btw I've done the same when I was younger. Now I just let of gas and stay side by side with someone.
 

Grant Hoar

New member
I'd take my chances with a jury of my pears....perfect justice was served in this case without costing the taxpayers a dime....everyone hates tailgaters....even other tailgaters.

Jury of his pears: "I always thought there was something a little bit fruity about this guy" :rolleyes:
 

ezra

Well-known member
every one keeps saying stomps on the breaks slams on the breaks etc etc. no not the deal I watched many times saw no slowing no diving tapped to illuminate bulb . so if he would have turned on his lights same thing would have happened.
if u cant control your car stay home or move to FL with the rest of Jurassic park
 

mrbb

Well-known member
[QUOTE
Yea, I bet you probly feel a "real man" when you tailgate....LOL[/QUOTE]

that can also be said when you MAKE other folks slow down too??
 
Top