Is Brake-Checking Illegal in Texas?

Brake-checking refers to one driver abruptly and unexpectedly hitting the brakes to tell another driver to stop tailgating. It is a dangerous response to an aggressive driver that can endanger the lives of both parties. If tailgating and brake-checking cause a car accident in Texas, it can be difficult to determine liability for damages.

Every driver must take care to leave enough following distance between the front of his or her vehicle and the rear of the next vehicle. A general rule of thumb is to leave at least one car’s length of distance between the two vehicles. A driver who follows too closely or tailgates is breaking roadway rules and may cause an accident. A rear-end collision could be the fault of the leading driver, however, if that driver brake-checked the tailgater.

Brake-checking is a means of retaliation against a driver who is tailgating. It refers to the leading driver abruptly slamming on the brakes to warn the following driver to leave more room. It is an aggressive driving technique that can lead to rear-end collisions and multivehicle accidents – especially in rainy or foggy conditions. It is not an acceptable or taught driving technique under Texas law. It is a type of reckless driving behavior that can lead to legal trouble for the guilty driver.

Brake-checking is illegal in Texas under the state’s reckless driving law ( Transportation Code 545.401 ). This law defines reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of other people or properties. Brake-checking generally meets the definition of reckless driving in Texas, as the driver intentionally hitting the brakes in retaliation against another displays a wanton disregard for that driver’s safety. Brake-checking means a driver does not care whether he or she causes the following driver to crash into the back of the vehicle.

If a law enforcement officer witnesses brake-checking in Texas, he or she could stop the driver for a reckless driving infraction. This is a misdemeanor in Texas. The penalties for reckless driving include a fine of up to $200, confinement in a county jail for up to 30 days or both a fine and jail time. The penalties assessed will depend on the circumstances of the incident. If the driver is a repeat offender or causes an accident by brake-checking, he or she could face more severe consequences.

Brake-checking is often used as a defense in a rear-end collision claim. While most rear-end accidents are the fault of the following driver, that driver may be able to avoid liability by proving the leading driver guilty of brake-checking. The following driver may be able to file a lawsuit against the driver who brake-checked in pursuit of compensation for his or her damages after an auto accident, including medical bills, lost wages and vehicle repairs.

In some cases, both drivers may absorb some portion of liability for the collision. The rear driver could be a percentage at fault for tailgating, while the lead driver could also share fault for retaliating through brake-checking. Both are dangerous and inexcusable driver behaviors that break roadway laws in Texas. In shared fault situations, injured victims may still be able to recover a portion of compensation through Texas’ comparative negligence law.

The comparative negligence law in Texas states that a plaintiff in a personal injury claim could still recover compensation with up to 50% of fault for the accident. The courts will reduce the plaintiff’s recovery, however, by his or her percentage of fault. It is important to work with a Houston car accident lawyer if you get into an accident that involves brake-checking. This is a complex type of car accident claim that may require a lawyer’s assistance.

The post Is Brake-Checking Illegal in Texas? appeared first on GES Injury Attorneys.