Following too closely — tailgating — is one of the more expensive moving violations on the New Jersey books. Under N.J.S.A. 39:4-89, it carries 5 points, the same as reckless driving. And it gets written constantly after one specific event: a rear-end collision.
The “rear-end equals automatic ticket” problem
When one car hits another from behind, the responding officer frequently issues the trailing driver a following-too-closely ticket almost as a reflex — on the theory that if you hit the car in front of you, you must have been too close. But the statute requires more than “a crash happened.” It requires that you were following more closely than is reasonable and prudent given the speed, traffic, and road conditions.
Where these tickets get challenged
A rear-end crash doesn’t automatically prove tailgating. Real questions include:
- Did the lead car stop short or cut in suddenly, leaving no reasonable distance?
- Were road conditions (ice, rain, sun glare) the actual cause rather than following distance?
- Did a third vehicle push you into the car ahead?
- Did the officer actually observe your following distance, or just infer it from the aftermath?
As with other moving violations, even a tough case can often be negotiated down to a no-point or lower-point outcome — protecting your insurance rate, which is where the real long-term cost lives.
If there was a crash, there may be two issues
A rear-end collision can leave you with both a ticket and injuries. The traffic charge and any injury claim are separate matters — and a tailgating conviction can be used against you on the civil side, which is one more reason not to simply plead guilty to the ticket.
If you were cited for following too closely anywhere in New Jersey, especially after a rear-end, a free call is worth it before you pay 5 points’ worth of consequences.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Traffic Ticket Defense Guide.