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Who Is at Fault When Someone Brake Checks You?

Have you ever been driving along, minding your own business, when suddenly the car in front of you slams on its brakes for no apparent reason? You swerve to avoid a collision, but your heart is still pounding from the near miss. Who is at fault in this situation? It’s a question that has been debated by drivers for years.

In most cases, the driver who brake checks you is at fault. Brake checking is a dangerous maneuver that can cause serious accidents. It is defined as intentionally applying the brakes of a vehicle in front of another vehicle to cause the following driver to brake suddenly.

Intentional Brake Checking

Intentional brake checking is a form of road rage. It is often done out of anger or frustration. The driver who brake checks you may be upset about something you did or said, or they may simply be trying to intimidate you.

Whatever the reason, intentional brake checking is never justified. It is a dangerous and reckless act that can have serious consequences. If you are the victim of intentional brake checking, you should report it to the police.

Unintentional Brake Checking

In some cases, brake checking may be unintentional. For example, the driver in front of you may have been distracted or may have made a mistake. In these cases, the driver who brake checks you may not be at fault.

However, even if the brake check was unintentional, it can still be dangerous. If you are the victim of unintentional brake checking, you should still be cautious. The driver in front of you may not be aware that they brake checked you, and they may continue to drive recklessly.

Who Is Liable?

In most cases, the driver who brake checks you will be liable for any damages that occur. This is because brake checking is a negligent act. Negligence is defined as the failure to exercise reasonable care. When a driver brake checks you, they are failing to exercise reasonable care for the safety of others.

However, there are some cases where the driver who brake checks you may not be liable. For example, if you were driving recklessly or if you were following too closely, you may be partially at fault for the accident.

What Should You Do if You Are Brake Checked?

If you are brake checked, the most important thing to do is to stay calm. Do not retaliate by brake checking the other driver. Instead, focus on avoiding a collision.

If you can, pull over to the side of the road and call the police. If you are unable to pull over, continue driving and call the police as soon as possible. When you report the brake check, be sure to provide the police with the license plate number of the other vehicle and a description of the driver.

Conclusion

Brake checking is a dangerous and reckless act that can have serious consequences. If you are the victim of brake checking, it is important to stay calm and avoid a collision. You should also report the brake check to the police.

Are you interested in learning more about brake checking?

FAQs About Brake Checking

Q: What is the definition of brake checking?

A: Brake checking is intentionally applying the brakes of a vehicle in front of another vehicle to cause the following driver to brake suddenly.

Q: Is brake checking illegal?

A: Yes, brake checking is illegal in most states.

Q: Who is at fault in a brake check accident?

A: In most cases, the driver who brake checks is at fault.

Q: What should I do if I am brake checked?

A: If you are brake checked, the most important thing to do is to stay calm and avoid a collision. You should also report the brake check to the police.

Q: What are the penalties for brake checking?

A: The penalties for brake checking vary from state to state. However, brake checking can result in a fine, jail time, or both.

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