Is Brake Checking Illegal? Understanding the Dangers and Legal Consequences
Brake checking is a reckless driving behavior that endangers everyone on the road. This dangerous practice frequently causes serious car accidents, and many drivers are unaware of the legal consequences that come with it. Understanding whether brake checking is illegal, how it affects fault in an accident, and what steps to take if you’re involved in such an incident is crucial.
Whether you want to avoid these situations or seek compensation for an injury, it’s essential to be informed about brake-checking accidents and the relevant Texas laws.
What is Brake Checking?
Brake checking occurs when a driver suddenly slams on their brakes, usually as a reaction to another driver driving too close or tailgating. The driver behind is forced to stop abruptly, often without enough time to react, frequently resulting in a rear-end collision. Brake checking is a form of aggressive driving or road rage, and it endangers the driver behind and other motorists.
In these situations, the person who initiates the brake check is often seen as trying to “teach a lesson” to the tailgater. However, this dangerous response can quickly escalate into a serious accident, with significant consequences for both drivers involved.
Is Brake Checking Illegal?
Yes, brake checking is illegal in all states, including Texas. It’s classified as reckless driving, which means that a driver is knowingly operating their vehicle in a manner that disregards the safety of others. Brake checking puts drivers behind you at risk of causing an accident, and Texas law strictly prohibits actions that can lead to unnecessary harm on the road.
If you’re involved in a brake check accident, it’s important to understand that the driver who performed the brake check is often found at fault. This is because brake checking is not a reasonable or safe response to tailgating, and it places both drivers in danger. State law views this behavior as reckless, and drivers may face legal consequences, including fines, increased insurance premiums, and liability for damages.
Why Do People Brake Check?
When another vehicle follows too closely, it can be frustrating and stressful for the driver in front. Brake checking is often a driver’s impulsive way of sending a message to the car behind to “back off” or maintain a safer distance. Unfortunately, this response only increases the likelihood of a crash.
Other reasons drivers may brake check include anger, stress, or road rage. In these situations, emotions can cloud judgment, leading to dangerous driving decisions. Although tailgating is also a form of reckless driving, responding with a brake check only escalates the danger.
What Types of Accidents Are Caused by Brake Checking?
The most common type of accident caused by brake checking is a rear-end collision. When the front driver suddenly brakes, the car behind may not have enough time to react, resulting in a crash. Rear-end collisions can cause significant damage to both vehicles and lead to injuries for all parties involved.
In addition to rear-end collisions, brake checking can cause multi-vehicle accidents. If the driver behind swerves to avoid hitting the car in front, they may collide with other vehicles on the road. Brake check accidents are particularly dangerous, as they can lead to serious injuries and pile-ups, especially on busy highways.
Proving Fault for Brake-Checking Accidents
Determining fault in brake-checking accidents can be challenging, as both drivers may share some responsibility. However, the driver who brake checks is often considered primarily at fault because they deliberately created a hazardous situation. In Texas, brake checking is recognized as a reckless act, making the front driver liable for resulting car accidents.
Insurance companies and courts typically examine the circumstances leading up to the crash. While tailgating is illegal and dangerous, brake checking is not considered a justified response. In most cases, the front driver who performed the brake check will be found negligent. If you’ve been injured in a brake-checking accident, it’s essential to gather evidence, such as dashcam footage or witness statements, to help prove fault.
Can You Be Sued for Brake Checking?
Yes, if you brake check and cause an accident, you could be sued for damages. Victims of brake-checking accidents may file personal injury claims to recover costs associated with medical bills, vehicle repairs, lost wages, and pain and suffering. In severe cases, victims may also pursue compensation for long-term medical care or permanent injuries.
If you were involved in an accident where another driver was brake checking, you might be entitled to compensation for your injuries and damages. A car accident lawyer can guide you through the legal process and help you recover the compensation you deserve.
Texas Laws on Brake Checking
In Texas, brake checking is considered reckless driving under the Texas Transportation Code, which defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of others. This means that drivers who engage in brake checking may face legal consequences, including fines, penalties, and being held liable for any auto accidents they cause.
Brake checking violates state laws that emphasize maintaining a safe distance between vehicles. Texas law mandates that drivers keep a safe following distance to avoid collisions, and brake checking directly undermines this principle. If a brake check leads to an accident, the driver who performed the brake check can be cited for reckless driving and held responsible for civil and criminal damages.
In addition, brake checking can also result in increased insurance premiums for the driver at fault. If the driver is found to be reckless, their insurance company will likely increase their rates, and they could even face difficulty in renewing their policy.
Comparative Negligence in Brake-Checking Accidents
Texas follows a comparative negligence rule in personal injury cases, which means that more than one party can be found at fault in an accident. In brake-checking accidents, both the driver who performed the brake check and the driver who was tailgating may share some degree of responsibility.
Under Texas’ modified comparative negligence law, if you are found to be 50% or more at fault for an accident, you may not be able to recover any damages. However, if you are less than 50% at fault, you may still recover compensation, though it will be reduced based on your level of fault.
For example, if you were involved in a brake-checking accident and were found to be 20% at fault for tailgating, you could still recover 80% of the damages. This is why it’s crucial to have a skilled car accident lawyer on your side to help determine the percentage of fault in your case and ensure that you receive fair compensation.
How to Avoid Brake Checking and Tailgating
The best way to avoid dangerous driving behaviors like brake checking and tailgating is to maintain a safe distance between your vehicle and the one in front of you. Tailgating puts unnecessary pressure on the driver ahead, making it more likely that they will react poorly, whether by brake checking or engaging in other aggressive driving behaviors.
To prevent tailgating, follow the “three-second rule,” which means you should keep at least three seconds of space between your car and the car in front of you. This distance gives you plenty of time to react if the vehicle ahead suddenly brakes.
Additionally, if you find yourself being tailgated, it’s important to stay calm and avoid reacting with aggressive maneuvers like brake checking. Instead, try to move over and allow the tailgating driver to pass. This prevents accidents and reduces road rage and aggressive driving incidents.
What Should You Do If You’ve Been Injured in a Brake-Checking Accident?
If you’ve been injured in a brake-checking accident, there are several steps you should take to protect your rights and build a strong case for compensation:
- Seek Medical Attention: Even if your injuries seem minor, it’s important to get checked out by a medical professional. Some injuries, like whiplash or concussions, may not be immediately apparent but can worsen over time.
- Document the Accident Scene: Take photos of the vehicles, damage, and any visible injuries. If there are witnesses, gather their contact information. Evidence like dashcam footage can also be crucial in proving who was at fault.
- File a Police Report: Having an official accident record can be important for insurance claims and personal injury lawsuits. Be sure to include details about brake checking or tailgating when giving your statement.
- Consult a Personal Injury Lawyer: Navigating the legal process can be complicated, especially when determining fault for a brake-checking accident. At Allbee Law Firm, we are here to guide you through the process, help you prove fault, and recover the compensation you deserve for your injuries, medical bills, and other damages.
Brake-checking accidents can lead to serious injuries, and you shouldn’t have to bear the burden alone. Contact us today at (972) 848-4848 for a free consultation, and let us help you get the justice you deserve.
