Sharing the road requires mutual respect and responsibility from all drivers. Unfortunately, situations can arise that lead to confusion and even accidents. One such situation is a brake check. But what exactly is it, and who is typically at fault in a resulting accident?
What is Brake Checking?
Brake checking refers to a driver who abruptly applies their brakes, often unnecessarily. The intention is to irritate or slow down the driver behind them. It can happen for various reasons, such as someone tailgating or frustration in heavy traffic. This aggressive driving behavior is considered a form of road rage.
Is Brake Checking Legal?
Attorney J.J. Dominguez of The Dominguez Firm provides some insight, “While all states have laws promoting safe driving and preventing aggressive maneuvers, there isn't a universal law specifically outlawing brake checking. However, brake checking can be prosecuted under various existing traffic laws depending on the state because it falls under the category of reckless driving.”
A handful of states have specific laws against aggressive driving that address brake checking. These offer a clearer legal foundation for assigning fault.
Who’s to Blame for a Brake Checking Accident?
Determining fault in a brake checking accident can be complex and depends on the specific circumstances. After all, the driver being rear-ended provoked the accident, which goes against the norm in this type of collision. The factors typically considered are:
Following Distance: Drivers must maintain a safe following distance behind the car in front of them. Doing so allows enough time to react and stop safely if the lead driver brakes suddenly.
Evidence of Brake Checking: If the driver who rear-ended another car can provide evidence, such as witness testimony or dashcam footage, that the vehicle in front intentionally brake checked them, it strengthens their case for holding that driver liable.
Reasonableness of Braking: If the lead driver had a legitimate reason for braking suddenly, such as avoiding an obstacle on the road, they may not be held at fault, even if it caused the car behind them to rear-end them.
What to Do if You've Been in a Brake Checking Accident
Being involved in a brake checking accident can be a stressful experience. Here are some steps you can take:
Seek Medical Attention: If you are injured, get immediate medical attention.
Report the Accident: File a police report to document the accident details.
Gather Evidence: If possible, take pictures of the damage to your vehicle, the scene of the accident, and any injuries. Try to collect witness statements if available.
Contact a Personal Injury Lawyer: An experienced car injury lawyer can review the specifics of your accident, determine fault, and see if you can present a claim against the other driver.
How to Avoid Brake Checking Accidents
The best way to avoid a brake checking accident is to drive defensively. Here are some tips:
Maintain a Safe Following Distance: Leave ample space between your vehicle and the car in front of you, allowing for a safe reaction time if they brake suddenly.
Avoid Tailgating: Tailgating is more than just inconsiderate; it significantly reduces your reaction time in an emergency.
Stay Calm and Don’t Engage the Other Driver: If you feel frustrated by another driver's behavior, take a deep breath and focus on driving safely. Do not escalate the situation by arguing with them.
Remember, the road should be a place where everyone feels safe. By understanding the dangers of brake checking and practicing good driving habits, we can help prevent these unnecessary accidents.
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