# Suing a tailgater for endangerment? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 23, 2012, 5:24pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938 "2012-12-23T17:24:06Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [December 23, 2012, 9:30pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/21 "2012-12-23T21:30:53Z")
> [@dstarfire](#): > > Could this not be classified as threatening another with a deadly weapon? The tailgater is creating an implied threat of rear-ending you in the hopes that you’ll drive faster to get away. > > Many drivers do a similar thing with pedestrians (usually crossing a driveway or uncontrolled side street), letting their car dart forward a few feet towards the pedestrian without touching them, supposedly threatening to run them over, which I’m pretty sure is illegal. But _is_ it illegal? A car is not typically viewed a “deadly weapon.” I’ve flashed brights at left-lane hoggers (no more than that) - would you regard that as a threat, or as a friendly reminder to move over (which is how I’ve intended it.)? In that case - or the case of the asshole tailgater (or to be fair, the asshole brights-flasher like me) - you’re assuming the threat as something deadly. Chances are, the person behind, while undoubtedly acting like an asshole for ten-plus miles, may simply be communicating “hey dude, please move over because you have two dozen people crawling along behind you.” No judgement on the OP here but obstructing or impeding traffic are also chargeable offenses depending on the state. ---
**Author:** ![Space\_Vegetable](https://avatars.discourse-cdn.com/v4/letter/s/6de8d8/32.png) [@Space\_Vegetable](https://boards.straightdope.com/u/Space_Vegetable)\ **Post date:** [December 23, 2012, 9:43pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/22 "2012-12-23T21:43:30Z")
> [@Placebo\_Effect](#): > > Because if I either hit a deer or had to brake to avoid one, moron behind me would have crashed into the rear of my car and at these speeds, could easily kill or maim me. The “what you should have done” question could be quite relevant to your chances in a civil action, I’d think. Suppose the other guy argues that even if he was tailgating you, you could have mitigated the danger by slowing down, so that his stopping distance matched the distance between your cars, instead of exceeding it. In that case a jury might be convinced the risk was partially your doing, and not award any money. So the question of whether you have a chance of prevailing seems like it could be linked to the question of whether you did the right thing. ---
**Author:** ![dstarfire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dstarfire/32/5762_2.png) [@dstarfire](https://boards.straightdope.com/u/dstarfire)\ **Post date:** [December 23, 2012, 9:58pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/23 "2012-12-23T21:58:37Z")
> [@chiroptera](#): > > But _is_ it illegal? > A car is not typically viewed a “deadly weapon.” > I’ve flashed brights at left-lane hoggers (no more than that) - would you regard that as a threat, or as a friendly reminder to move over (which is how I’ve intended it.)? > In that case - or the case of the asshole tailgater (or to be fair, the asshole brights-flasher like me) - you’re assuming the threat as something deadly. > Chances are, the person behind, while undoubtedly acting like an asshole for ten-plus miles, may simply be communicating “hey dude, please move over because you have two dozen people crawling along behind you.” It may not be commonly considered as such, but it does fit the legal definition of (an object “that when used as an instrument of offense is capable of causing death or sometimes serious bodily harm”. As for your other point, flashing your lights, or otherwise signaling to another driver is not a direct threat. You are not creating a dangerous situation, and there’s no implication of attack. On the other hand, if you crowd close to somebody (whether in a vehicle or in person), that is instinctively perceived as a threat. That threat is nullified with a simple “Sorry”, “excuse me”, similar polite phrase or by the context of being in a space where crowding is unavoidable. ---
**Author:** ![deltasigma](https://avatars.discourse-cdn.com/v4/letter/d/e5b9ba/32.png) [@deltasigma](https://boards.straightdope.com/u/deltasigma)\ **Post date:** [December 23, 2012, 10:03pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/24 "2012-12-23T22:03:17Z")
> [@Lynn\_Bodoni](#): > > If the area is very mountainous (as stated in the OP), then it might be impossible to pass safely and legally. I’ve had to drive in the Ozarks, and there are roads where it’s impossible to see oncoming traffic until the approaching car is VERY close. As to it being illegal, I don’t think I really need to address that in this context since the initial behavior is already illegal. As to lack of visibility, what if the OP came to a complete stop with his flasher on then. Would that work? ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [December 23, 2012, 10:30pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/25 "2012-12-23T22:30:27Z")
> [@Placebo\_Effect](#): > > I live in a very rural, mountainous area with a huge deer overpopulation. On one 10-mile windy stretch of road there is no place to pull over to let someone pass, the speed limit is 45, and deer run in front of your vehicle almost every day. If such a stretch of road actually existed, you would probably have just as much luck (i.e., none) suing the government body that built/maintains such a danger. ---
**Author:** ![deltasigma](https://avatars.discourse-cdn.com/v4/letter/d/e5b9ba/32.png) [@deltasigma](https://boards.straightdope.com/u/deltasigma)\ **Post date:** [December 23, 2012, 10:44pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/26 "2012-12-23T22:44:27Z")
> [@t-bonham@scc.net](#): > > If such a stretch of road actually existed, you would probably have just as much luck (i.e., none) suing the government body that built/maintains such a danger. You might be surprised. Every state has a statute that waives its sovereign immunity from suit under specified conditions. In some instances, as state will permit suits for emergent road conditions if the appropriate administrative body can be shown to have had actual notice of the condition. For example if there is run off that creates a dangerous ice patch that has caused repeated accidents, a suit interpleading the appropriate govt body for permitting that condition to persist may well be successful. ---
**Author:** ![festiva76](https://avatars.discourse-cdn.com/v4/letter/f/8e8cbc/32.png) [@festiva76](https://boards.straightdope.com/u/festiva76)\ **Post date:** [December 24, 2012, 12:17am UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/27 "2012-12-24T00:17:42Z")
The last time I had his issue, also on a mountain road with no passing zones, I put on my left turn signal, slowed and crossed the double yellow lines when I knew no one was approaching from ahead, and moved over and placed my high beams on for spite and let him pass on the right. I think he got that he was being an ass, and I was also for doing what I did, but he sped on and dissapeared from sight. I got back in my lane and moved on. ---
**Author:** ![Placebo\_Effect](https://avatars.discourse-cdn.com/v4/letter/p/a4c791/32.png) [@Placebo\_Effect](https://boards.straightdope.com/u/Placebo_Effect)\ **Post date:** [December 24, 2012, 12:35am UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/28 "2012-12-24T00:35:09Z")
> [@festiva76](#): > > The last time I had his issue, also on a mountain road with no passing zones, I put on my left turn signal, slowed and crossed the double yellow lines when I knew no one was approaching from ahead, and moved over and placed my high beams on for spite and let him pass on the right. I think he got that he was being an ass, and I was also for doing what I did, but he sped on and dissapeared from sight. I got back in my lane and moved on. Again, can we keep this thread on topic? It’s not about what to do, not do or what “you” did about tailgating. It’s about taking hypothetical legal action against the tailgater and how that might resolve in the courts. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 24, 2012, 3:08am UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/29 "2012-12-24T03:08:37Z")
> [@t-bonham@scc.net](#): > > If such a stretch of road actually existed, you would probably have just as much luck (i.e., none) suing the government body that built/maintains such a danger. :rolleyes::dubious: ---
**Author:** ![deltasigma](https://avatars.discourse-cdn.com/v4/letter/d/e5b9ba/32.png) [@deltasigma](https://boards.straightdope.com/u/deltasigma)\ **Post date:** [December 24, 2012, 3:36am UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/30 "2012-12-24T03:36:50Z")
Not that anyone would probably notice, but I misused interpleader in my last post. I was thinking of [joining a necessary party](http://en.wikipedia.org/wiki/Indispensable_party), but it works just as well if you make the state a co-defendant. Mea culpa. ---
**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\ **Post date:** [December 24, 2012, 11:53am UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/31 "2012-12-24T11:53:01Z")
> [@deltasigma](#): > > As to it being illegal, I don’t think I really need to address that in this context since the initial behavior is already illegal. > > As to lack of visibility, what if the OP came to a complete stop with his flasher on then. Would that work? The problem is that the tailgater can’t see approaching cars in time, so in the areas that I’m thinking of, no, it wouldn’t work safely. ---
**Author:** ![deltasigma](https://avatars.discourse-cdn.com/v4/letter/d/e5b9ba/32.png) [@deltasigma](https://boards.straightdope.com/u/deltasigma)\ **Post date:** [December 24, 2012, 12:13pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/32 "2012-12-24T12:13:21Z")
> [@Lynn\_Bodoni](#): > > The problem is that the tailgater can’t see approaching cars in time, so in the areas that I’m thinking of, no, it wouldn’t work safely. That must be a problem when someone breaks down. ---
**Author:** ![Lynn\_Bodoni](https://avatars.discourse-cdn.com/v4/letter/l/e47c2d/32.png) [@Lynn\_Bodoni](https://boards.straightdope.com/u/Lynn_Bodoni)\ **Post date:** [December 24, 2012, 12:45pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/33 "2012-12-24T12:45:18Z")
It is indeed a problem…but when you have two vehicles speeding towards each other, it’s a bigger problem than when you have one vehicle at a standstill and one which is in motion. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [December 24, 2012, 12:52pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/34 "2012-12-24T12:52:25Z")
“But your honor, he was _looking_ at me!” ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [December 24, 2012, 1:04pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/35 "2012-12-24T13:04:24Z")
I’m having a hard time imagining a 10-mile stretch of road without one single place to pull over. With that many deer, surely car-deer accidents aren’t uncommon. Getting a tow truck on scene must create a real hazard. ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [December 24, 2012, 1:13pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/36 "2012-12-24T13:13:19Z")
> [@chiroptera](#): > > I’m having a hard time imagining a 10-mile stretch of road without one single place to pull over. With that many deer, surely car-deer accidents aren’t uncommon. Getting a tow truck on scene must create a real hazard. Depends on the time of year. Yesterday I had a tailgater follow me for almost but not quite 10 miles where I couldn’t find a place to pull over because they were all snow-covered. Despite having ample room to pass. And also despite there being a car in front of _me_, which in a semi-blizzard condition is not the safest situation. (Semi-blizzard: heavy wind but no snow, and there were places where the drifts created whiteout conditions.) ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [December 24, 2012, 1:16pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/37 "2012-12-24T13:16:56Z")
> [@chiroptera](#): > > I’m having a hard time imagining a 10-mile stretch of road without one single place to pull over. With that many deer, surely car-deer accidents aren’t uncommon. Getting a tow truck on scene must create a real hazard. I’m in western PA. I’ve hit three or four deer over the years, but never required a tow. ETA: When I lived in Philly, there was massive work being done on the Schuylkill Expressway. For miles, Jersey Barriers restricted traffic to a (barely) single lane. Breakdowns involved a tow truck _backing_ miles up the highway to the dead car. ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [December 24, 2012, 1:23pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/38 "2012-12-24T13:23:51Z")
> [@Ludovic](#): > > Depends on the time of year. Yesterday I had a tailgater follow me for almost but not quite 10 miles where I couldn’t find a place to pull over because they were all snow-covered. Despite having ample room to pass. And also despite there being a car in front of _me_, which in a semi-blizzard condition is not the safest situation. (Semi-blizzard: heavy wind but no snow, and there were places where the drifts created whiteout conditions.) Ah, sure, I’d forgotten about complications due to snow. In that case it would be possible. ---
**Author:** ![Cheshire\_Human](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@Cheshire\_Human](https://boards.straightdope.com/u/Cheshire_Human)\ **Post date:** [December 25, 2012, 1:54pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/39 "2012-12-25T13:54:55Z")
> [@Dendarii\_Dame](#): > > The OP said there was no place to pull over and let the other person pass. Then come to a dead stop, and give him the choice of going around you in the other lane, or sitting there and waiting you out. Of course, that carries the risk of a road-rage incident developing. ☹ ---
**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\ **Post date:** [December 25, 2012, 5:50pm UTC](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938/40 "2012-12-25T17:50:10Z")
> [@Placebo\_Effect](#): > > You should read the OP instead of letting your lack of comprehension skills out you for a fool. :rolleyes: I’d like to know where it is where the highway engineers laid a ten-mile, shoulderless stretch of road. ETA: Oh, I see that you are insisting that we take this unrealistic hypothetical as you’ve put it to us. Well, in that case, why not hypothesize that there is a statute awarding the tailgatee a million dollars for his suffering. That said, you have no cause of action. There was no harm, and the conduct was not so outrageous as to rise to intentional infliction of emotional distress. The courts are not in the business of guaranteeing a life of skittles and beer. Dismissed with prejudice. [Previous page](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938.md?page=1) [Next page](https://boards.straightdope.com/t/suing-a-tailgater-for-endangerment/644938.md?page=3)