Wednesday, September 11, 2024
Law

What You Need to Know About Brake Checking

Why Do People Check Their Brakes?

Brake checking is a highly risky habit that may lead to serious injuries or death. It can also strain your finances if you are forced to pay for repairs or lose your no-claims bonus. Nevertheless, individuals put their own lives in danger because of their fury, and the majority of the time, it’s because another driver made a minor mistake.

There are a few reasons people brake check:

Road Rage

You’ll see this behavior depicted in several dashcam compilations: drivers will riskily pass the person or people they have a dispute with and then slam on their brakes before racing off again. It’s also a frequent reaction to being tailgated, which may be frustrating.

Insurance Fraud

There have been stories of drivers checking their brakes to deliberately cause an accident so that they may collect either an insurance payment or cash in hand for the damages, or both. Because the damage must be corrected before the vehicle can be returned, this may be a complete and utter headache for people who have leased cars for their businesses or their personal use.

Tailgating

When another vehicle is following them too closely, some motorists prefer to do a brake check on the vehicle in front of them to indicate to the driver of the following vehicle that they should pay attention to the distance between the two vehicles.

Mischief

Some motorists will check their brakes when they are not provoked in any way, and they will do it just for the sake of being naughty.

What Should You Do If You Suspect You Are a Target of Brake Checking?

If you are sure that another driver is trying to brake check you and that they are targeting you specifically, you should strive to leave as much distance as possible between you and the car trying to brake check you; the optimal gap would be two seconds. This will typically entail slowing down to a crawl, which may cause you to experience some anxiety regarding what the drivers behind you are thinking. Still, it is better than ramming into the back of the brake checker, which would entail dealing with an even more angry person to exchange insurance details or, even worse, trying to pressure you into paying cash. If you do this, you will avoid dealing with an even more irate person.

Who is to Blame in Brake Checking Accidents?

Most accidents caused by testing brakes occur in the rear-end configuration. The driver of the car behind is more likely to be found responsible in an accident that happened due to brake checking. However, the conclusion of who was at fault will depend on a number of circumstances. The availability of proof might be the deciding factor in whether you receive an insurance policy to cover your charges or a hefty penalty. The driver of the car in front of you can be found partially accountable for the accident if the driver of the vehicle in the back can demonstrate that the forceful brake check contributed to the collision.

In the twenty states in the United States that use comparative negligence as a legal standard, it is necessary to demonstrate that the other motorist was at least 50% liable for the accident to use the recorded evidence from your dashcam successfully.

A competent car accident attorney can help you show that the other driver’s brake checking actions caused the accident. It will be quite difficult for you to demonstrate that the other motorist was entirely at fault. However, you may be able to show that the other motorist was substantially to blame for the collision due to their irresponsible driving.

Patch Sagan
the authorPatch Sagan