Podcast:
Is Brake Checking Legal ✔️ or ❌ | Gerber Injury Law

00:00:00.830 [Music]
00:00:02.320 are you getting this
00:00:03.919 you should be getting it i’m working on
00:00:05.359 my telepathy what you should be getting
00:00:07.600 right now is
00:00:08.880 ken gerber here and you’re watching law
00:00:10.719 and gerber
00:00:12.350 [Music]
00:00:24.670 [Applause]
00:00:25.600 [Music]
00:00:32.080 [Music]
00:00:41.920 mic check one two one two is this thing
00:00:44.239 on
00:00:45.120 you know there are a lot of good checks
00:00:47.120 out there that are necessary from time
00:00:49.039 to time for instance checking your oil
00:00:52.640 checking the oven to see if your sweet
00:00:54.320 sweet great grandma’s apple pie recipe
00:00:56.480 is done cooking i mean there’s the
00:00:58.320 obvious like a big fat settlement check
00:01:00.480 or a paycheck
00:01:02.239 i bet you have no idea where i’m going
00:01:03.920 with this do you actually maybe a couple
00:01:06.000 of you do but i’m not going to keep the
00:01:07.760 suspense going any longer today we’re
00:01:10.240 talking about a type of check that none
00:01:12.479 of us enjoy
00:01:14.320 it’s brake checks now i’m not talking
00:01:17.119 about the kind of brake check that uncle
00:01:19.119 bobby does for family members in
00:01:20.960 exchange for a six pack of beer
00:01:22.960 i’m talking about those jerks that like
00:01:24.560 to slam on the brakes when you’re behind
00:01:26.799 them because they think you’re just too
00:01:28.159 close
00:01:29.040 so today today my friends we’re going to
00:01:32.159 discuss the quandary of whether or not
00:01:34.560 brake checking is illegal in arizona
00:01:37.759 i’m going to have you check with megan
00:01:41.200 and now to further delve into this topic
00:01:43.759 i seriously make myself laugh so hard
00:01:45.600 sometimes
00:01:48.799 all right everyone check it out i’m sure
00:01:51.680 by now we have all likely seen other
00:01:54.399 individuals slam on their brakes to try
00:01:57.119 and get another vehicle to stop
00:01:58.560 tailgating them
00:01:59.920 this is commonly referred to as brake
00:02:03.119 checking
00:02:04.159 but have you ever wondered is brake
00:02:07.040 checking illegal in arizona
00:02:09.598 we are about to further discuss brake
00:02:11.680 checking its legality and what happens
00:02:14.800 if an accident occurs as a result of
00:02:17.360 brake checking
00:02:18.720 you would think
00:02:20.160 we would run out of weird things to talk
00:02:21.840 about with regard to all of the ways an
00:02:24.400 injury can take place but honestly the
00:02:26.640 scenarios are never ending
00:02:29.360 so what do you think do you think brake
00:02:31.760 checking is legal or illegal i’ll wait a
00:02:34.640 few seconds
00:02:38.000 okay oh sorry you may have already
00:02:39.760 guessed it but brake checking is indeed
00:02:43.440 not only illegal but extremely dangerous
00:02:47.360 no driver should follow another vehicle
00:02:50.000 too closely for any reason this can lead
00:02:52.560 to disaster particularly if the driver
00:02:55.040 in front of them has to stop suddenly or
00:02:57.440 perform an evasive maneuver
00:02:59.599 however brake checking the action of
00:03:02.959 slamming on the brakes intentionally
00:03:05.840 is not legal
00:03:07.519 brake checking is also incredibly
00:03:09.519 dangerous
00:03:10.800 usually brake checking is done by one
00:03:13.280 driver when they want to send a signal
00:03:15.680 to a driver behind them usually because
00:03:18.560 the rear driver is following them too
00:03:20.319 closely
00:03:21.360 however there are times when brake
00:03:23.519 checking is done intentionally to cause
00:03:25.599 an accident typically with the intention
00:03:28.400 of defrauding insurance carriers
00:03:31.440 if brake checking is intentional
00:03:34.560 and this can be proven then the
00:03:37.599 perpetrator could face reckless driving
00:03:40.159 charges filed by a law enforcement
00:03:41.840 officer
00:03:43.040 bray checking accidents can lead to
00:03:45.200 serious injuries for those involved the
00:03:47.599 most common type of accident that occurs
00:03:50.080 as a result of brake checking is a rear
00:03:52.400 end collision
00:03:53.680 these incidents can lead to whiplash
00:03:56.080 significant sprains or strains broken or
00:03:59.120 dislocated bones traumatic brain
00:04:01.519 injuries concussions and in many cases
00:04:04.799 can even be fatal
00:04:06.560 additionally brake checking can also
00:04:08.640 cause other drivers to take evasive
00:04:10.480 maneuvers to avoid striking the vehicle
00:04:13.040 in front of them this could lead to a
00:04:15.120 driver entering other lanes of traffic
00:04:17.358 and striking other vehicles or fixed
00:04:19.839 objects how can you prove brake checking
00:04:22.160 really happened if you or somebody you
00:04:24.960 care about has been injured in an
00:04:26.960 accident caused by the actions of a
00:04:29.199 break checking driver
00:04:30.880 you may be entitled to compensation
00:04:33.520 however
00:04:35.199 securing compensation for these
00:04:36.800 incidents can be challenging usually a
00:04:39.280 driver who rear-ends another vehicle
00:04:40.960 would be the one at fault for the
00:04:42.479 incident
00:04:43.600 that said
00:04:45.199 if an individual injured in these
00:04:47.600 accidents can prove that the crash was
00:04:49.440 caused by a driver performing a brake
00:04:52.080 check maneuver they may be able to
00:04:54.240 recover compensation for their injuries
00:04:56.560 and property damage expenses
00:04:59.360 proving these incidents can be
00:05:01.440 challenging
00:05:02.720 there are various ways that drivers can
00:05:04.960 prove
00:05:06.000 that they were brake checked which
00:05:07.520 include
00:05:08.880 dash cam footage if there is a dash cam
00:05:11.280 in the vehicle
00:05:12.479 statements from eyewitnesses who saw the
00:05:14.800 incident occur
00:05:16.080 surveillance from nearby video cameras
00:05:18.400 on homes or businesses
00:05:20.960 now i’m going to send you back to ken to
00:05:22.880 wrap this puppy up i really hope you
00:05:25.120 learned at least one or two juicy
00:05:26.880 morsels from this segment and i will see
00:05:29.759 you on the flip side
00:05:31.440 if you have been involved in an accident
00:05:33.520 and suspect that it occurred due to
00:05:35.440 break checking you need to make sure
00:05:37.759 that the law enforcement officials come
00:05:39.840 to the scene additionally
00:05:42.160 you should speak to a skilled vehicle
00:05:44.400 accident attorney in arizona
00:05:47.759 who can handle every aspect of these
00:05:49.680 claims on your behalf listen we are
00:05:51.680 equipped and ready to conduct an
00:05:53.199 independent investigation in order to
00:05:55.360 prove that the other driver
00:05:56.800 intentionally caused the brake checking
00:05:58.880 incident if that is indeed what happened
00:06:01.360 if you are unable to prove that the
00:06:02.960 brake checking occurred you could be on
00:06:05.039 the line for paying compensation to the
00:06:06.880 other driver and their passengers for
00:06:09.280 their injuries and property damage as we
00:06:11.600 discussed in episode 15 depending on
00:06:13.680 your coverage levels this could
00:06:15.280 absolutely decimate you so don’t take
00:06:18.160 the risk and just give us a call if you
00:06:20.080 have any questions regarding anything
00:06:22.240 that we discussed in today’s episode
00:06:24.639 hello
00:06:25.840 so all this break check talk reminded me
00:06:29.199 that we have about five or six people
00:06:31.520 calling saying where’s their check i
00:06:33.600 told them i come check on you
00:06:35.440 writing their check
00:06:39.919 check one two ken can you hear me
00:06:44.050 [Music]
00:06:45.680 hear you man
00:06:47.199 got it check
00:06:48.800 okay
00:06:49.759 well all right guys it’s time for us to
00:06:51.599 check out
00:06:57.050 [Music]
00:07:04.720 [Music]
00:07:10.240 be the one
00:07:13.120 if you are unable to prove that the
00:07:15.199 brake check
00:07:16.639 oh my gosh i cannot crouch like this
00:07:18.240 that long again you got to stop messing
00:07:19.919 up that the other
00:07:22.800 driver there it is this could asp
00:07:25.840 oh my god ken i cannot sit back here
00:07:27.680 that long quit
00:07:29.120 you’re doing it on purpose