42-4-1008. Following too closely.

Statute text

(1) 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 such vehicles and the traffic upon and the condition of the highway.

(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger; except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

(4) Any person who violates any provision of this section commits a class A traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2361, 1, effective January 1, 1995.

Annotations

Editor's note: This section is similar to former 42-4-908 as it existed prior to 1994.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-4-1008 is similar to 42-4-908 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

Violation of section not actionable negligence unless proximate cause of accident. Where the plaintiff, by his own admission was following a truck closer than 300 feet but his pickup truck was hit in the rear by another truck, the violation of this section was not actionable negligence unless it was a proximate cause of the accident. Gossard v. Watson, 122 Colo. 271, 221 P.2d 353 (1950); Bettner v. Boring, 764 P.2d 829 (Colo. 1988).

A pickup is not a "motor truck" within the meaning of this section. Gossard v. Watson, 128 Colo. 275, 261 P.2d 502 (1953).

Evidently the general assembly in enacting this statute had in mind "motor trucks" carrying heavy weights, or designed for transporting heavy loads. Normally these are vehicles of large size used for the purpose of transporting heavy materials and merchandise, as distinguished from an ordinary automobile with a wagon-shaped body. Gossard v. Watson, 128 Colo. 275, 261 P.2d 502 (1953).