What is Brake-Checking? And Why is it Dangerous?
“Brake-checking” is a term that describes when a driver in front of you intentionally applies the brakes without warning as a practical joke to startle or intimidate the driver behind them. Brake-checking is highly dangerous, and it is illegal not only in the United States but in the UK, Australia, Canada, and other countries.
Teenage drivers sometimes get a thrill out of brake-checking, and some angry drivers do it to ward off people tailgating them (meaning they’re driving too close to their car). In some cases, a driver may even deliberately brake check to cause an accident so that they can make an insurance claim.
No driver should resort to brake-checking for selfish reasons, as it puts lives at risk. Drivers, of course, expect cars in front of them to brake during congestion or when approaching turns. But braking on a clear road without any apparent reason can catch following drivers off guard, leading to crashes and collisions.
Is brake-checking illegal in Texas?
Texas laws do not explicitly mention brake-checking, which may make you wonder if brake-checking is illegal in the state. The short answer is yes. Under Texas Transportation Code Sec. 545.401, brake-checking is considered an unlawful form of reckless driving, as it is “willful or wanton disregard for the safety of persons or property” while operating a motor vehicle.
An offense under this section is a misdemeanor punishable by:
- A fine not to exceed $200;
- Confinement in county jail for not more than 30 days; or
- Both the fine and the confinement.
Why should you call a lawyer after a brake-checking accident?
Under Texas law, the driver who rear-ends another driver is typically considered at fault. However, this can be unfair in cases where you have been a victim of brake-checking. That is why it is crucial to understand the legal status of brake-checking and contact your lawyer immediately to assess whether the lead driver was at fault.
Immediate action is crucial because the other driver may attempt to shift the blame onto you to sway an insurance provider in their favor. An experienced lawyer is essential to have by your side to protect your rights, help you present evidence, prevent you from being disadvantaged, and ensure you receive compensation for your losses.
How Texas car accident liability impacts compensation
Texas is an at-fault state, meaning the driver who caused the damages is liable for compensation. However, it also follows the modified comparative negligence rule, making you eligible for compensation under exceptional circumstances. If both drivers share responsibility for the crash you may still qualify for compensation, provided you can prove that the other driver was more at fault than you.
These rules significantly contribute to legal outcomes. Since the driver who made the impact is considered at fault, the other driver may blame you for following them too closely. However, you can also shift the blame onto them if you can prove with evidence that they intentionally engaged in brake-checking.
If you or your loved ones have been victims of brake-checking, a car accident lawyer can help you assess liability and build a case to prove that the other driver was responsible for the crash.
What you should do after a Texas brake-checking accident
The moments directly after a brake-checking accident are crucial. They can make or break your eligibility for compensation. If you are found at fault, you will be unable to collect damages from the other driver.
Proving brake checking is not simple, but it is highly beneficial if you can gather evidence right after the accident. Here are a few tips for what to do directly following the crash:
- Do not accept or state that you were closely following the other car
- Stay calm, but also do not apologize
- Contact a car accident lawyer immediately before you speak with your insurance provider
- Gather witness contact numbers just in case
- File a police report
- Get yourself checked by a doctor for injuries
Following the above steps is crucial for a Texas car accident lawyer to establish your case. Also, brake-checking accidents can cause whiplash or a spinal injury, so immediately consulting your physician is crucial. The injuries can also significantly impact your insurance claim.
A lawyer will immediately attempt to gather evidence from the accident scene. It could be footage from nearby CCTV cameras or contacting witnesses who can help prove that the other driver was liable for the accident.
Contact a car accident lawyer and prove liability
Proving brake-checking can be challenging. But you shouldn’t be left alone to shoulder the financial burden of another driver’s reckless actions. Protecting yourself after a car accident should be your top priority, and doing so requires that you remain calm, stay silent, and avoid engaging with the other driver.
If you have been in a car accident in San Antonio, Texas, don’t hesitate to contact a lawyer at Pat Maloney: Accident & Injury Attorney to begin safeguarding your legal rights. Call our office today at 210-796-3906 or fill out our online contact form for a free case evaluation.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.
