2. Braking in which causes an accident. ticket able
Where I'm at it doesn't matter, if you rear end somebody you are at fault no matte what. My dad got rear ended at a light, and it pushed him into the car in front of him. My dad got a ticket for rear ending the car in front of him even though he was sitting still when it happened. The officer said "you didn't provide enough room".
I always leave my hitch in this helps back people off of me if they know what kind of damage it will do. On my bike I tend to just get out of the way, as I want to keep my life lol.
Not really tailgating related, but just impatient/bad driver story: Yesterday the wife and I went to bed bath and beyond and while leaving the store my wife was just barely in front of me, maybe a step or two, and the car stopped to let us cross to the parking lot, the driver behind the stopped car apparently had his pregnant wife in the back seat about to give birth and couldn't wait one second and had to get to the hospital as fast as possible so floored it around the stopped car and missed my wife by probably less than two feet. Never even saw us.