Is Brake Checking Safe? Is It Legal? Explained

It has happened to all of us, we’re driving peacefully before someone comes right behind us and starts tailgating us. We get an undesirable feeling of slamming on the breaks slightly to let the person behind us know to keep our distance. This is called brake checking and while it eases our ego, it is very dangerous for us and all the people on the road.

Participating in break checking can cause the driver behind you to ram into you or at worst, swerve off the road in hopes of saving themselves and end up getting injured and causing accidents.

While we agree that tailgating is reckless driving and not good, it doesn’t justify we also start break-checking because then there will be no difference between us and the rear driver.

If you are a brake checker and the person tailgating you causes a rear-end collision, you can file a claim against them to compensate you for the injuries and expenses you suffer. It is best you get an accident lawyer to help you because insurance companies will always try to put the blame on you.

Let’s break all the scenarios of break checking and what you can do if you end up in an accident in bite-sized chunks.

Brake Checking

What is Brake Checking?

What Is Brake Checking

Let’s say someone comes up close to your car and starts driving there, you might feel concerned for your safety and want them to keep your distance. You might think of applying on the breaks to make the person behind you aware of their reckless driving. This action of applying breaks to cause the tailgating person to keep the distance is known as brake checking.

While brake checking is tempting, it should be avoided at all costs because it can serious accidents that are even lethal at some point.

Brake checking accidents also occur naturally, for example, a person simply applies the brakes and when the tailgater is too close to comfort, the tailgater might end up colliding with the person in front or swerve off the road and collide with other cars or pedestrians.

If you end up in an accident because of brake checking, you should contact good personal injury lawyers who can help you get compensated for all the damages you took. It even helps if you have a dash cam because then you will have actual proof.

Most of the time someone brake checks is to make the person behind them aware that they are too close. One could also unknowingly be doing brake checks to simply slow down the speed of their car.

Is Brake Checking Legal?

Is Brake Checking Legal

Brake checking is the intentional act of applying brakes for a tailgater behind you therefore it is illegal. Though note the word “intentional”, it can rarely be proven that you intentionally performed brake checks for malicious intent.

If you do end up part of rear-end accidents, the reckless driver tailgating is mostly the one held responsible because even if you did cause the brake checking accident intentionally, they rarely have proof.

If the tailgater does have video evidence showing that you were doing the aggressive driving which caused the rear-end crashes, you will be held liable.

This doesn’t mean you should participate in brake checking and cause accidents because it can be very dangerous for other drivers and pedestrians as well as yourself, even lethal in some cases.

If you don’t want your daily sleep to be disturbed knowing someone got injured because of your brake checking accident and don’t want the hassle of dealing with insurance companies, we suggest you stay away from brake checking. 

Drivers brake check to teach the person behind them a lesson of their wrongdoings but it can always come back to them if they end up in an accident and have to get a lawyer to file an insurance claim.

Therefore next time someone tailgates you, take a deep breath and be the bigger guy, switch lanes and let them pass you. Your safety and time are more superior to letting someone know that they are not maintaining a safe distance. 

Brake checking is a dangerous practice and should be avoided at all costs because of the dangerous maneuver it causes the rear end driver to perform which can lead to lethal accidents.

What can I do if I have been in a Break Checking Accident?

Let’s say that you do end up in an auto accident, your next move is to think about how you will handle the situation. First, you need to be aware that if it can be proven that the driver brake checked, then you will be held liable and may also have to pay financial support to the tailgater for damages done.

You should also keep in mind that this is rarely the case as there isn’t any way of providing proof that the rear-end accidents or other accidents occurred because of malicious brake checking.

In short, You will not be at fault for brake checking. You should contact a lawyer and have them file a suit against the reckless driver. If you win the case, you can get compensated for the damages to your car.

You can also submit a personal injury lawsuit against the tailgater. A personal injury lawsuit will compensate you for any disturbances you may have faced such as mental stress, anxiety, and loss of peace. Note that it all depends on the abilities of your lawyer so make sure you get a good lawyer.

An Accident by brake checking is common and lawyers know how to handle this situation, so you should invest in a good lawyer.

Always keep in mind that a brake checking situation should be avoided at all costs as it can cause bodily injury, property damages, and even fatalities in some cases.

How to Avoid Brake Checking?

How To Avoid Brake Checking

We know because we’ve all been there that is a lot of fun and ego boost when doing brake checking however we should always avoid it.

Brake checking is no joke and it can cause severe injuries. If someone breaks checks and the rear driver doesn’t brakes in time, it can be an illegal action on the part of the brake checker. You’ll then have to contact an auto accident attorney and deal with all the lawsuit hassle.

If you don’t want to contact and spend money on an auto accident attorney, it’s best to stay away from brake checking.

Can Brake Checking cause Lethal Damage?

Brake checking can cause lethal damage. Suppose you brake check and the driver before you are an inexperienced driver. They may swerve and slam into pedestrians or other cars. If it’s pedestrians, you and the driver will have to deal with the guilt of the wrongful death of an innocent bystander.

You don’t want to deal with the mental stress of brake checking so know the legal rights and don’t do it. Even if someone is tailgating you, be the bigger person and let them pass by switching lanes and moving out of their way.

Who is at fault in a Brake Checking Accident?

Brake checking is illegal but it can rarely be proven that someone intentionally did it as they can always claim that they simply slowed down and the person behind them was going too fast.

If the tailgater can provide some form of evidence that shows the person in front intentionally brake checking, then they will win the brake checking wreck lawsuit.

Make sure your brake lights are functioning because if your brake lights are found to be not working, lawyers can say that the person behind you couldn’t tell if you were slowing down because your brake lights didn’t turn on. So make sure your brake lights are always in working condition to avoid any problems.

Criminal charges can always be placed on either party in such a dangerous situation of brake checking. Even if you are applying the brake pads gently, it can still count as brake checking.

FAQs of is Brake Checking Safe?

There are many questions asked by people. Some of them are mentioned below:

What is Tailgating?

If a motor vehicle is driving too closely to another motor vehicle that there is no space and it can cause property damage to the rear car if the front car brakes checks, it is called tailgating.

How to keep ourselves clean if another driver is brake checking us?

In road rage, careless fault driver try to brake check us. In this case, it looks like the rear driver was at fault. In this form of road rage, try to always clean yourself. How?

Always install a dashcam in your car. If something happens you have dashcam video footage as evidence on that moment to clear yourself.

What is the situation of auto accident death in the United States?

According to the report of the Association for Safe International Road Travel, more than eight thousand people die on U.S Roadways every year between the age of one to fifty-four. 

Witness statements that about twenty-nine percent of cars of the United States became the victim of brake checking.

What is rear-ended accident?

One of the dangerous driving practice is driving too close to another vehicle. If a person had to stop and the previous driver didn’t take enough space, they will collide. As a result, rear-end crash occurs. The accident report a rear-end accident.

Do Truck drivers are allowed to do brake check trucks on roadways?

A commercial motor vehicle like a commercial truck always drove fastly on roadways. The commercial vehicle suppliers, who contain bikes or cars also drove fastly on roads.

In order to make a turn, they cannot just make a drift so they quickly brake check while taking a safe distance. Install Dashcam in your truck if brake checking driver tries to hit you.

Can I claim my car insurance if someone brake checks me?

In the brake checking incident, the victim’s car is damaged from the front while the accused car is damaged from the rear. It creates the opposite scene. In order to get yourself clean from this aggressive driving tactic, always install a dashcam in your car.

You can have evidence of your accident in the form of a dashcam compilation. Through it, there will be a smooth application process for your car insurance. 

The claims process will be easy and the insurance company for damage will pay.

Can I claim my medical insurance if someone brake checks me?

The consequences of brake checking might cause a serious accident. You can claim your medical insurance in this type of situation. If a company tries to deny it, you can hire a defense attorney at law for the accident claim for the injured. The company is obliged to take care of damage through a claim for loss.

Can I hire a Lawyer in case of police reports?

Negligent driving can cause different accidents. If you somehow are involved in accident victims and the opposite party is trying to sue you. You can hire an experienced car accident attorney.

There is a number of a well-known experienced car accident lawyer who can fight a case against your issue. The one lawsuit known is “Stewart & Stewart Attorneys” are known for their services.

They will backtrack your case and make a complete accident report and fought for you.

Conclusion – Is Brake Checking Legal? Is It Safe?

There are types of activities in which accidents happened. The type of activity in which the rear vehicle collides with the front vehicle because of a brake is called brake checking.

Even a professional driver can be a victim of this brake checking. There are two possibilities that this accident happens.

This dangerous behavior can cause serious accidents. If the rear vehicle doesn’t make space between the front vehicle or front vehicle intentionally push the brake pedal when the rear vehicle is near to him.

This dangerous driving behavior can cause vehicle damage as well as the death of a person too.

Always drive safe, keep a safe distance while driving. There is nothing prior to one’s own life. 

We hope you like to blog. If you have any questions, let us know in the comment section.

Go check out our other blogs “What is Payment Revision Needed (Amazon)?“, “What is Text Mail Subscriber? Is it real or fake?“, “How Long Does Red Bull Last?“.


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