Montana Injuries

FAQ Glossary Resources About
EN ES
Definition

following too closely

A tailgating ticket can cost more than a fine. It can raise insurance rates, weaken a defense after a crash, and make it easier for the other side to argue you caused the collision. A lot of drivers assume there is a magic "car length" rule or that slowing traffic excuses riding a bumper. That advice is shaky. The real issue is whether the distance was reasonable and prudent for the speed, traffic, and road conditions.

Technically, following too closely means driving behind another vehicle more closely than is reasonable and prudent, taking into account speed and highway conditions. In Montana, that rule appears in Montana Code Annotated § 61-8-329 (2023). It applies to ordinary traffic, and it matters even more on long exposed roads where wind, dust, ice, or sudden stops can erase reaction time fast, including stretches like US-2 on the Hi-Line.

For an injury claim, a rear driver cited for following too closely may be treated as strong evidence of negligence, though a ticket alone does not automatically decide liability. Montana uses modified comparative negligence, so fault can be shared. If you were hit from behind, this violation can support your claim for medical bills, lost income, and pain and suffering. Montana does not cap non-economic damages in auto injury cases, which can make fault findings especially significant.

by Dawn Birdtail on 2026-03-28

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

Talk to a lawyer for free →
← All Terms Home