We have all likely seen other individuals slam on their brakes to try and get other vehicles to stop tailgating them. This is commonly referred to as brake checking. However, is brake checking illegal in the state of Arizona? Here, we want to further discuss brake checking, its legality, and what happens if an accident occurs as a result of brake checking.
Is Brake Checking Illegal in Arizona?
Yes, brake Checking is Illegal and Dangerous
No driver should follow another vehicle too closely. This can lead to disaster, particularly if the driver in front of them has to stop suddenly or perform an evasive maneuver. However, brake checking, the action of slamming on the brakes intentionally, is not legal. Brake checking is also incredibly dangerous.
What Makes Brake Checking Illegal?
Usually, brake checking is done by one driver when they want to send a signal to a driver behind them, usually because the rear driver is following them too closely. However, there are times when brake checking is done intentionally to cause an accident, typically with the intention of defrauding insurance carriers.
If brake checking is intentional, and this can be proven, then the perpetrator could face reckless driving charges filed by a law enforcement officer.
Brake checking accidents can lead to serious injuries for both the brake checked driver and the brake checker. The most common type of accident that occurs as a result of brake checking is a rear-end collision. These incidents can lead to whiplash, significant sprains or strains, broken or dislocated bones, traumatic brain injuries, concussions, and more.
Additionally, brake checking can also cause other drivers to take evasive maneuvers to avoid striking the vehicle in front of them. This could lead to a driver entering other lanes of traffic and striking other vehicles or fixed objects.
How Can You Prove Brake Checking Really Happened?’
If you or somebody you care about has been injured in an accident caused by the actions of a “brake-checking” driver, you may be entitled to compensation. However, securing compensation for these incidents can be challenging. Usually, a driver who rear-ends another vehicle will be the one at fault for the incident. That said, if an individual injured in these incidents can prove that the crash was caused by a driver performing a brake check maneuver, they may be able to recover compensation for their injuries and property damage expenses.
Proving these incidents can be challenging. There are various ways that drivers can prove that they were brake checked, which includes:
- Dashcam footage if there is a dashcam in the vehicle
- Statements from eyewitnesses who saw the incident occur
- Surveillance from nearby video cameras on homes or businesses
If you have been involved in an accident in suspect that it occurred due to brake checking, you need to make sure that law enforcement officials come to the scene. Additionally, you should speak to a skilled vehicle accident attorney in Arizona who can handle every aspect of these claims on your behalf. An attorney can conduct an independent investigation in order to prove that the other driver intentionally caused the brake-checking incident. If you are unable to prove that the break checking occurred, you could be on the line for paying compensation to the other driver and their passengers for their injuries and property damage.