(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.
Source: L. 94: Entire title amended with relocations, p. 2361, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 42-4-908 as it existed prior to 1994.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2001–2026 · leading case:
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009).
· cites it 12× “At the first trial, Silva tendered a jury instruction on the topic of negligence per se, based on section 42-4-1008, C.R.S.2009 (following too closely), section 42-4-1101, C.”
People v. Haley, 41 P.3d 666 (Colo. 2001).
· cites it 6× “The statute for the offense of following too closely, section 42-4-1008, 11 C.R.S. (2001), states in part, "[t]he 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…”
Winkler v. Shaffer, 356 P.3d 1020 (Colo. Ct. App. 2015).
· cites it 6× “in this case, the following statutes of the State of Colorado were in effect: C.R.S. § 42-4-1008. Following too elosely C.”
Peo v. McGee (Colo. Ct. App. 2026).
· cites it 6× “2025, following too closely, § 42-4-1008(1), C.R.S. 2025, and a special offender sentence enhancement, § 18-18-407(1)(c), C.”
Beard v. Parry (Colo. Ct. App. 2024).
· cites it 5× “And, as the court pointed out, it planned to — and did — instruct the jury on the relevant traffic code sections, including the section on following too closely (section 42-4-1008, C.R.S. 2024). ¶ 33 Thus, given the trial court’s concerns and the fact that the jury had already…”
— Colo. Rev. Stat. § 42-4-1008(1) — 3 cases
People v. Haley, 41 P.3d 666 (Colo. 2001).
“The statute for the offense of following too closely, section 42-4-1008, 11 C.R.S. (2001), states in part, "[t]he 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…”
Winkler v. Shaffer, 356 P.3d 1020 (Colo. Ct. App. 2015).
“in this case, the following statutes of the State of Colorado were in effect: C.R.S. § 42-4-1008. Following too elosely C.”
Peo v. McGee (Colo. Ct. App. 2026).
“2025, following too closely, § 42-4-1008(1), C.R.S. 2025, and a special offender sentence enhancement, § 18-18-407(1)(c), C.”
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