Is Brake Checking Someone Illegal?

We have all experienced it at one point or another, when a driver on the road suddenly brake checks you, all of your senses instantly become alerted and you hit the brakes to avoid rear-ending somebody. 

As rear-end collisions are some of the most common types of car accidents that can occur on the road, those who rear-end someone are generally always liable for any damages and injuries that have occurred. However, if somebody brake checks you and causes an accident, then they might become liable for all damages. 

What Is Brake Checking?

Brake checking is when a driver intentionally slams on their brakes while in front of another vehicle and it is typically done in order to either frustrate the driver behind or to alert a tailgater that they are too close.

While brake checking someone can be an attempt to enrage the driver behind for their reckless or negligent driving behavior, it can easily turn into a rear-end collision that could cause a number of injuries for the parties involved. In fact, depending on the intent of the brake check it can potentially become a more serious issue than most would realize. 

Is Brake Checking Illegal in the US?

Brake checking someone is illegal in the United States, because depending on the intent it can result in a number of ill intent possibilities.

For instance, any brake check that occurs due to road rage and retaliation is considered to be an act of negligent driving which refers to the failure of properly operating a motor vehicle with care and responsibility. For any unintentional brake checking, it would be deemed as reckless driving, however, the front driver must have been exhibiting additional reckless driving practices and behavior. 

Is Brake Checking Someone Your Fault?

Generally in car accidents, the driver who has rear-ended the car in front of them is usually liable for any and all damages and injuries that were sustained in a rear-end collision. 

However, should the driver in front be proven to have brake checked someone intentionally to either collect a check from the insurance company or for retaliation for a minor accident, then they can be held liable for causing the accident in question and for driver’s negligence. Which is why, if you are struggling to determine liability in a car accident then it is highly recommended to hire an experienced personal injury attorney. 

Can You Call the Cops on Someone Who Brake Checks You?

It is always recommended to call the police if you have been involved in a car accident, especially if the cause of the accident was due to a brake check, because depending on the nature and intent of the brake check, it may determine who becomes liable for any sustained damages and injuries. 

However, if somebody involved in the accident is injured or killed then it is urged to call 911 and have first responders arrive on the scene and get a handle on the situation.

If no one requires any medical assistance, but the property damage to the vehicles exceeds over $1,000, it is recommended to call the police to submit an official report for insurance purposes. 

If nobody is involved in a car accident, but you run into someone on the road who is constantly brake checking you at every attempt, then it is recommended to call the police on them for negligent driving. Should you choose to ignore it, there is a chance that you might become involved in a car accident with the brake checker and get in a liability battle with them and the insurance company that they have. 

How Do You Deal With Someone Brake Checking You?

If somebody is trying to brake check you, it is important to stay calm, alert, and attentive and maintain a safe distance between you and the brake checker. Should the brake checker continue their actions, it is recommended to switch lanes and put some distance between you and the brake checker. However, the best way to deal with a brake checker is to install a dash cam onto your car so you have proof that the brake checker was driving negligently and caused any car accident that has occurred. 

Am I at Fault if I Get Brake Checked?

If you get brake checked and accidentally rear-end someone as a result, you could potentially become liable for the accident unless you are able to prove that the brake checker intentionally and/or negligently did so to become the victim. So if you have been involved in a car accident due to somebody brake checking you, it is important to document the accident as much as possible and hire a car accident attorney to help you with your case.

At West Coast Trial Lawyers, our legal team can help you with your personal injury claim and make sure you are properly represented. 

Contact us today by calling (213) 927-3700 or by filling our contact form to schedule a free consultation with our compassionate and talented legal team.