Tailgating or following too closely is always risky, but tailgating a truck in New Mexico is especially dangerous due to large blind spots, longer stopping distances and the possibility of a deadly underride accident. You could be severely injured or killed in a rear-end collision with a large truck. In addition, your legal duty to maintain a safe following distance can make it difficult to recover financial compensation if you were tailgating.
Large Blind Spots
Big rigs have large blind spots due to the length of the attached trailer. Truck drivers generally cannot see the road for a distance of about one lane to the left, two lanes to the right, 20 feet to the front and 30 feet to the rear of the truck.
If you are in these locations – which are collectively known as the “No Zone” – the driver of the truck typically cannot see your vehicle. This places you in a precarious position, as the truck may make maneuvers that put you at risk if the driver does not know you are present. For your own safety, you should remain a safe distance from the rear of a truck when following a big rig.
Longer Stopping Distances
Large trucks need significantly more time to stop than lighter passenger cars. If you are tailgating a commercial truck, this puts you at risk of getting into a rear-end collision if the large truck cannot stop in time to avoid a crash with the car in front of it. Leave plenty of room between you and the semi-truck to reduce the risk of an accident.
Underride Accidents
If you do end up rear-ending a large truck due to tailgating, there is the risk of an underride accident. This is a deadly type of crash that happens when a smaller passenger vehicle slides beneath the trailer of a large truck. The bottom of the trailer could shear off the top of the car, potentially causing catastrophic or fatal head trauma, spinal cord injuries, crush injuries, neck injuries, or decapitation.
Limited Reaction Times
Following too closely runs the risk of limiting your ability to react to changing roadway situations enough to create higher odds of an automobile accident. If you are tailgating a large truck, you may not have enough time to react and hit the brakes if the truck reduces its speed or slams on the brakes abruptly. For this reason, tailgating is an extremely dangerous practice that can greatly increase the odds of a rear-end or sideswipe accident.
Liability Risks
If you get into a trucking accident in New Mexico and an investigation finds that you violated the state’s tailgating law (New Mexico Statutes Annotated § 66-7-318) at the time, you could face liability for the wreck.
In New Mexico, it is against the law to follow other vehicles “more closely than is reasonable and prudent” according to road, traffic and weather conditions. If it is determined that you were following the big rig too closely, this could diminish your settlement by your degree of fault for the accident under the state’s comparative negligence rule.
Tailgating could also be flagged as reckless driving, aggressive driving or road rage. If so, you could face a traffic citation or even criminal charges in relation to the trucking accident. This could lead to repercussions such as driver’s license suspension and even jail time, in addition to being held accountable for paying for related damage.
If you were recently involved in a trucking accident that involved tailgating, the Fine Law Firm can help. Don’t hesitate to contact us today for a free consultation about your legal rights.