Brake checking is a dangerous act that involves abruptly braking a vehicle for no reason other than to warn or startle a driver who is following too closely. It is an aggressive driving or road rage tactic that can result in rear-end collisions, other serious car accidents and physical altercations between drivers.
If you are involved in a brake checking accident in Texas, learn your legal rights by consulting with a car accident attorney in San Antonio.
What Is Brake Checking?
Brake checking occurs when a driver slams on the brakes as a message to another driver who is following him or her too closely (otherwise known as tailgating). It is often done to warn the following driver to back off. However, it is not an appropriate or safe response to tailgating. Instead of brake checking, a driver who is being followed too closely should calmly switch lanes to allow the tailgating driver to pass.
The Dangers of Brake Checking and Tailgating
Brake checking can cause automobile accidents by failing to give the rear driver enough time to slow down or stop to avoid a collision. Since the rear driver is often already following too closely in brake checking scenarios, the front driver abruptly hitting the brakes creates a high risk of rear-end collisions in San Antonio. The rear driver may also swerve to try to avoid the collision, entering other lanes and potentially colliding with or sideswiping other drivers.
Is Brake Checking Illegal in Texas?
No law specifically prohibits brake checking in Texas. However, multiple other traffic laws can apply. For example, Texas bans reckless driving, or “driving a vehicle in a willful or wanton disregard for the safety of persons or property” (Texas Transportation Code § 545.401). Brake checking can fall into the category of reckless driving, potentially resulting in a misdemeanor for the driver who slammed on the brakes.
If a driver is tailgating and this leads to another driver brake checking, the tailgating driver could also face consequences. Section 545.062 requires drivers to maintain enough distance between two vehicles to allow the operator to “safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway” based on traffic conditions.
Who Is at Fault for a Brake Checking Accident?
If brake checking in Texas causes an accident, it can be difficult to determine which driver is at fault and responsible for paying. Both drivers may be assigned a proportion of fault. Under Texas’s comparative negligence laws, an individual can still receive financial compensation if he or she is allocated a percentage of fault for an automobile accident. However, the degree of fault must be below 51 percent.
In addition, the victim’s compensatory damage award will be reduced in proportion to his or her percentage of responsibility. If one driver is allocated 70 percent of the blame for brake checking, for example, but the other driver is assigned 30 percent of fault for tailgating, the brake checking driver would not be eligible for any financial compensation and the tailgating driver’s settlement would be reduced by 30 percent.
When to Hire a Car Accident Lawyer in Texas
Establishing fault and recovering financial compensation after a car accident involving brake checking in Texas can be difficult. Contact an experienced personal injury lawyer in San Antonio right away to determine your legal rights and recovery options.
A lawyer can investigate the crash, gather evidence of fault, file a claim for you and negotiate for maximum financial compensation on your behalf. Get a free consultation about your brake checking accident today when you contact Hill Law Firm Accident & Injury Lawyers.