In Pennsylvania, for example, the general rule under Title 75 states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.” The phrase reasonable and prudent is where your attorney can present evidence to prove that the driver tailing your car was too close after a crash caused by tailgating.
Because there are rules against tailgating, it can be argued that the other driver was negligent in doing it. If their negligence caused your accident, you may be entitled to compensation for all the resulting losses you endured.