All states have laws that prohibit drivers from following another vehicle too closely—also known as tailgating or failing to maintain a safe distance. The penalty for following too closely usually includes a fine and points on your driver’s license.

Laws vary from state to state but laws against following too closely generally prohibit:

• following another vehicle more closely than is reasonable and prudent under the circumstances, having due regard for the speed of both vehicles and the traffic and road conditions at the time; or

• when traveling upon a roadway outside of a business or residence district, following within two hundred feet of another vehicle.

Following too closely may also be defined as situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead, the driver of the following vehicle could not avoid a collision if the driver in front brakes suddenly.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Oregon, the law prohibits drivers from following another vehicle more closely than is reasonable and prudent, considering the speed of the vehicles, traffic, and the conditions of the road. This is to ensure safety and prevent accidents that could occur if the leading vehicle were to stop suddenly. Oregon's following too closely laws are outlined in ORS 811.485, which states that a driver shall not follow another vehicle more closely than is reasonable and prudent, with an allowance for the speed of the vehicles and the traffic on and the condition of the highway. Violating this law can result in fines and could potentially add points to the driver's license, affecting their driving record. Enforcement of this law is at the discretion of the issuing officer, and the burden of proof lies with the prosecution in the event of a citation. The determination of whether a driver is following too closely is ultimately decided by a judge or jury if contested in court.