Is Brake Checking Illegal? (Yes & How to Prove It)

What is Brake Checking?

Brake checks are unsafe, cause accidents, and are against the law.

Brake checking occurs when a motorist abruptly applies the brakes, with intent to cause the driver behind them to also brake abruptly.

It is considered a reckless action and a form of aggressive driving.

Typically, drivers will brake test tailgaters who are driving too close.

In most states, a brake check is considered an act of road rage and reckless driving.

In most rear-end accidents the vehicle that strikes the car from behind is at fault for the collision.

In most cases, the rear driver is assumed to have been tailgating, or simply failed to maintain a reasonably safe distance to avoid a wreck.

Brake-check accidents are the exception where the rear driver may not be at fault for hitting the car in front.

It is consdered a negligent action and you may be held responsible, even if you were hit by a tailgater.

Our car accident attorney is well-versed in such situations and can answer your questions about the legal process if you need help.

Aggressive Tailgating & Brake Checking: Illegal?

Brake checking is dangerous and illegal.

It's typically defined as braking with the specific intent of forcing the rear vehicle to respond.

Generally, state law considers brake checking an illegal action. Intent can be difficult to judge. Tailgating is also an illegal moving violation in most states, as motorists are required to maintain a reasonably safe amount of distance from another car.

In the event of a brake test accident, the evidence will determine which party will be found negligent and potentially liable for any property damage and injuries caused.

Drivers have a duty to maintain a safe distance, so a tailgating driver may be found to be at fault for failing to do so. Alternatively, the lead driver could be found at fault for the collision after recklessly braking to such a degree that it would be impossible for a reasonable driver in the rear vehicle to avoid a collision.

Motorist speed plays a crucial role in road safety, changing lanes to let the rear vehicle pass is the safer option.

Even though tailgating can be incredibly frustrating, you should never brake check a vehicle as it's a hazard. It can have very serious consequences in the event of a collision and expose you to legal action. Being found even partially at fault in an accident can bar you from recovering what your rear-end accident may be worth.

In brake-checking cases, the rear driver can argue that they are not liable when they hit the vehicle from behind. Additionally, many insurance companies can deny coverage for break-checking and have 'intentional conduct' clauses that limit their obligation to pay in such cases.

Dangerous & Unsafe

• Safety Risk: Sudden braking to induce a response from a driver increases the risk for a rear-end accident.
• Aggressive Driving: Brake tests are considered an aggressive action and can cause fear, severe injuries, and property damage to the other driver.
• Escalation Risk: Road rage actions risk escalation, increasing the anger and reckless behaviors of the parties involved as each responds in turn.
• Legal Consequences: Tailgating and brake checks can impact who is determined to be at fault for a wreck with implications for obtaining financial recovery in a personal injury case.
• Insurance Consequences: Many auto insurers have specific coverage provisions for 'intentional conduct' which may allow them to deny coverage in the event of an accident.

Our car accident attorney has experience navigating complex laws and can help you push for the results you need after an incident.

 

 

How to Prove Brake-Check Accidents

If you hit someone from behind after a brake check it can be difficult to prove it if the driver denies it.

Evidence will be essential to prove the other driver brake-checked you.

What Happens If You Hit Someone Who Brake Checks You?

After a rear-end accident, tempers can flare, and a dispute over the events can lead to a 'he said' 'she said' situation. The lead vehicle driver is likely to claim that you were tailgating, and that's the offense that caused the crash. If they don't admit to brake checking you prior to the strike, you will need to prove your version of events.

If you were the victim and hit someone brake checking, keep in mind the following steps to take to ensure you obtain the best possible outcome.

The following evidence can be used to prove the front car was brake checking.

• Dashcam Video Footage: Video evidence of the moments leading up to the crash recording the brake-checking driver taking reckless action.
• Witness Statements: Any people who witnessed the auto accident can confirm that the lead driver braked suddenly without reason causing the crash.
• Admission of Guilt: After a wreck, angry drivers may inadvertently admit their guilt in statements to the police, insurance adjusters, or to the other driver. Phone recordings after a collision can often capture an admission of guilt, which can help your attorney win your personal injury case.

Remember, if the brake checking was intentional and caused the collision and your injuries, you may be able to sue for damages. Seek the help of an expert and experienced car accident attorney to guide you in such cases. The available evidence supporting your claims, including the police reports, will be key in building a strong car accident claim. Whether the traffic accident transpired on a hazardous highway or involved other vehicles attempting to maneuver around the incident, every detail counts. You may have to fight the insurance company if they dispute the circumstances and blame your behavior to reject liability.

What to Do After a Brake Checking Accident

If you hit someone brake checking, keep in mind the following steps to take to ensure you obtain the best possible outcome.

• Remain Calm & Gather Information: It's important to remain calm after a crash event and avoid getting into a dispute with the other driver. If the other driver is too angry to exchange contact information and insurance, wait for the police so as to de-escalate the situation. Take photos, note witnesses, and record what you can.
• Report the Accident to the Police: Call 911, report the accident, and request an ambulance in case of anybody is injured.
• Seek Medical Attention: Accept medical attention from emergency services and go to the hospital if injured. Even if you only sustained minor injuries, go to the doctor and get checked out as soon as possible to document your physical condition.
• Speak to a Personal Injury Attorney: As soon as you are able, you should contact a personal injury lawyer to review the unique details of your car accident case. Hiring a lawyer will ensure your rights are protected and help you with the next steps required to successfully obtain the best possible outcome.

The sooner you contact a lawyer after a serious accident, the better. The insurance company commonly disputes brake check cases. Your car accident lawyer will help gather the required evidence in order to support your claim.