America’s roadways are full of frustrations. Some drivers speed, run red lights, and neglect to signal their turns, and that’s just the beginning! There is a litany of road safety laws to abide by, regardless of which state or county the driver lives in. When aggressive or reckless drivers ignore these laws, it can be tempting for some to take matters into their own hands. One of the forms this can take is brake checking, making reckless drivers think twice about their actions. But this begs the question: is brake checking illegal? In answering this question, one must consider the property damage, the other drivers on the road, and the risk of personal injury.
To learn more about road safety regulations in Yonkers, New York, consider reaching out to a car accident attorney who will fight for you at Stufano Law by calling (914) 752-7746.
Is Brake Checking Considered Aggressive Driving?
The National Highway Traffic Safety Administration states that “aggressive driving actions are covered by specific traffic laws, such as the laws regarding speeding, improper lane changes, and following too closely, or by general laws, such as those that target reckless driving, or specific aggressive driving statutes.” These safety laws do apply to brake checking, but they also apply to its inverse: tailgating.
Brake Checking
So, is brake checking illegal? The short answer is yes, it is. While it may seem like a harmless and effective way to keep aggressive drivers from tailgating, brake checking itself is also considered aggressive driving. This may discourage drivers from tailgating, but it also takes other drivers–and not just the tailgater–by surprise, increasing the risk of accidents.
By shocking and provoking the other driver, brake checking introduces new and unexpected factors to the road that can have a domino effect. While it may be satisfying for a moment, brake checking actively makes the road a more dangerous place, which is why it is both aggressive driving and illegal.
Tailgating
However, this coin has a second side. Most cases of brake checking occur when another driver is following too closely behind another vehicle, which is commonly known as tailgating. Tailgating is also considered aggressive driving, as it does not give the following vehicle adequate time to stop in the event of an emergency, and as such it is illegal.
Tailgating also introduces unexpected factors to already chaotic roadways, making them even more unsafe. This can make other drivers uneasy, causing them to make mistakes that can lead to accidents or it could provoke them into responding aggressively, increasing the risk to everyone on the road.
Who is at Fault?
The trouble with brake-checking car accident cases is determining fault. While both tailgating and brake checking are illegal, without any concrete proof it becomes one driver’s word against another. One driver could have been tailgating the other and suffered the consequences, or maybe the other driver brake-checked and caused the accident.
In most rear-end collisions, the rear driver is considered to be at fault for not providing adequate space to stop safely. But this is only a rule of thumb, not a guarantee. If it can be proven that the front driver was acting recklessly, the fault may be shifted onto the brake-checking driver.
Determining fault, therefore, may come down to the intentions of the driver. If they were acting aggressively and intentionally creating a dangerous situation, they may be at fault. For more information on who is at fault in a car accident, contact an experienced car accident attorney at Stufano Law.
Proving Aggressive Driving
If determining fault boils down to finding evidence of a brake-checker’s reckless driving, how does one prove that a driver is acting aggressively? Proving a driver’s intentions can be difficult, as even witnesses can’t accurately confirm a person’s thoughts at a given time, but other things can be proved.
Dashcam Footage and Eyewitness
While the intentions of a driver can be difficult to prove at best, video footage of the crash can be instrumental in determining fault in a rear-end collision. From the video footage of the crash, a judge or jury may be able to determine whether the distance between vehicles was adequate or not, thereby determining fault.
Additionally, an eyewitness of the event may be able to provide the same benefit, identifying the driver at fault and giving an impartial description of the situation.
Event Data Recorder
Another helpful tool is the vehicle’s event data recorder, which is often called a black box. Some vehicles are equipped with instruments that measure speed, throttle position, brake usage, and many other factors. In the event of a collision, this data can be used to corroborate and confirm the stories of the drivers by showing their speed, brake usage, and other metrics.
Police Reports
If the police were called to the scene of the accident, their report could be useful in proving fault. The officers may be able to give an impartial description of the event, and their report may contain eyewitness statements and other helpful information.
The Safe Way to Respond to Brake Checking
Knowing that brake checking is illegal, how does one respond to a brake checker on the road? The key to avoiding an accident with a brake checker is to drive defensively and keep a safe following distance. By providing adequate time to come to a stop, one can effectively prevent rear-end collisions and make the road a safer place.
According to the Insurance Information Institute, 7.6% of vehicle accidents occur as a result of careless vehicle operation. By being attentive and carefully navigating roadways, one can greatly reduce the likelihood of a crash.
This also applies to tailgaters too. Instead of responding to road rage with more road rage, a defensive driver can do what is in their power to safely change lanes, avoid the aggressive driver, and make the roads safer. In addition, they can file an incident report to the police to address the issue in a way that doesn’t endanger other drivers.
Contact a New York Car Accident Attorney Today
Is brake checking illegal? Yes. When it comes to being safe on the road, defensive driving is always best. Resisting road rage and prioritizing the safety of all the drivers on the road can help prevent accidents, avoid lengthy court battles to determine fault, and even save lives. But accidents still happen. If you have been involved in a car accident or wish to learn more about traffic safety laws in Yonkers, New York consider speaking with an experienced car accident attorney from Stufano Law by calling (914) 752-7746.
