When a driver tailgates close behind you, you may feel tempted to tap on your brakes to give them an idea of why they need to give you space. Similarly, if someone stops short in front of you for seemingly no reason, and you rear-end them, you’ll likely feel frustrated, especially if they try to blame you for the car accident.
So, what is brake checking, is brake checking illegal in Indiana, and who is liable for these types of wrecks?
What Is Brake Checking?
Brake checking is the act of intentionally breaking fast to scare the driver behind you, cause them to swerve, or create a wreck. It differs from typical braking in that drivers don’t brake check to respond to road hazards, stop lights, etc.; they do so as an aggressive response to close rear-end drivers. Brake checking can create highly hazardous situations for everyone on the road.
Drivers typically brake check when the car behind them is tailgating. This dangerous driving behavior can lead to further road rage, collisions, and dangerous conditions for everyone driving nearby.
Does Indiana Prohibit Drivers From Brake Checking?
Is brake checking illegal in Indiana?
Yes, Indiana traffic laws prohibit drivers from brake checking, which constitutes an aggressive driving offense. While the traffic laws do not explicitly use the term “brake checking,” the legislation does mention stopping dangerously fast or slowing down too quickly.
Other types of aggressive driving traffic violations include the following:
- Tailgating (following closely behind another vehicle)
- Operating a vehicle in an unsafe manner
- Passing other cars on the shoulder or off the road
- Failing to yield to the right of way
- Repeatedly flashing headlights at other drivers
- Using your horn unnecessarily
The above behaviors and brake checking are illegal in Indiana and prohibited in many U.S. states.
How Does Brake Checking Affect Car Accident Claims?
Because brake checking is an illegal form of aggressive driving, it can play an important role in car accident claims. Typically, when one driver rear-ends another, liability is relatively obvious. But who’s liable for the accident when the following driver rear-ends the front driver because they were brake checked?
Liability can depend on numerous factors, including road rage, surrounding conditions, driving speeds, etc. If the front driver brakes for no clear reason, they may assume liability. If the rear driver flashes their headlights and honks many times prior to rear-ending them, they may also assume liability.
In many cases, liability will depend on the responding officer’s opinion of the situation. Both drivers may assume partial liability, leading us to our next point.
The Comparative Negligence Rule
Indiana follows comparative negligence law, where parties can seek only a portion of compensation if they’re found partially liable for an accident. Your compensation will be reduced by the percentage you’re found liable. For example, if you’re rear-ended and the other driver claims you brake-checked them, you may assume 40% liability, barring you from seeking 40% of the total award.
Can You Be Charged for Reckless Driving?
If you’re accused of brake checking, you can also be charged with reckless driving. Reckless driving is a class B misdemeanor in Indiana that can lead to anything from fines to jail time. If you find yourself with a reckless driving charge, liability claims, or anything similar, you need to speak with an attorney as soon as possible to protect your rights.
Seek Representation for Your Case Today
Brake-checking is illegal in Indiana, so if you were injured in a brake-checking accident, we recommend consulting an experienced lawyer to discuss your case. Call us at Tabor Law Firm today at 317-236-9000 or contact us online to speak with a car accident attorney in Indiana.
