Car accidents can happen in an instant, but understanding the causes of these accidents can help drivers protect themselves and others on the road. One dangerous driving behavior that is often overlooked is “brake checking.”
Brake checking occurs when a driver suddenly slams on their brakes, forcing the vehicle behind them to either stop abruptly or collide with their car. This reckless driving behavior is responsible for many accidents in Missouri and the United States.
With the right knowledge, you can protect yourself from the potential harm caused by brake checking and understand what to do if you are involved in an accident due to this reckless behavior.
What Is Brake Checking?
Brake checking refers to a driver suddenly and intentionally applying their brakes to either force another driver to slow down or retaliate for perceived tailgating or unsafe driving. This aggressive and dangerous behavior is often seen when one driver is irritated by another driver’s actions or feels threatened by someone following too closely.
For example, if a driver is tailgating or following too closely behind another vehicle, the driver in front may decide to “brake check” them to teach them a lesson or force them to back off. However, this move is hazardous and can easily lead to rear-end collisions, even if the tailgating driver is not at fault.
Brake checking is not only a hazardous driving behavior but also a violation of traffic laws in Missouri, where maintaining safe distances between vehicles is required for safety.
The Dangers of Brake Checking
While brake checking may seem like an effective way to “warn” or “punish” a tailgating driver, it can have deadly consequences.
A brake check can cause the following consequences:
- Rear-end collisions: If a driver slams on their brakes unexpectedly, the driver behind them may not have enough time to react and may collide with the car in front.
- Whiplash and injuries: Rear-end accidents caused by brake checking can lead to whiplash, back and neck injuries, and other serious injuries. The force of the collision can result in significant damage to both vehicles and harm to the occupants.
- Chain-reaction crashes: In heavy traffic, brake checking can set off a chain-reaction crash involving multiple vehicles. A sudden stop or collision caused by brake checking can result in multiple cars crashing into one another, further increasing the danger.
- Legal and financial consequences: If the brake-checking driver causes an accident, they could be held liable for the damages.
In summary, brake checking poses a danger not only to the driver engaged in the behavior but also to all other drivers on the road. It can lead to accidents with serious physical and financial consequences.
Missouri State Law and Brake Checking
In Missouri, drivers are generally required by law to operate their vehicles “in a careful and prudent manner” and to “exercise the highest degree of care” while driving. It is also unlawful in Missouri to suddenly stop or reduce the speed of your vehicle unless you can do so “with reasonable safety.”
When a driver engages in brake checking, they violate the principle of maintaining a safe following distance, potentially creating a dangerous situation. According to Missouri Revised Statutes Section 304.017, drivers must also maintain a safe distance between their vehicle and the one in front. This space between cars allows the driver in the back more opportunity to stop safely if the vehicle ahead of them stops suddenly.
If an accident occurs due to brake checking, the driver who initiated the behavior may be considered at fault. In this case, the injured party could file a personal injury claim to seek compensation for medical bills, property damage, and other losses.
Liability in Brake-Checking Accidents
Determining liability in brake-checking accidents can be complex, but in most cases, the driver who initiated the brake-checking is likely to be found at fault for the collision.
Missouri operates under a pure comparative fault system, which means that even if you are partially responsible for an accident, you can typically still recover compensation for your injuries. However, the amount you are awarded may be reduced based on your percentage of fault.
Proving fault is essential in brake-checking accidents, so working with an experienced attorney can be critical.
The Importance of Evidence in Brake-Checking Cases
In any car accident case, but especially in brake-checking accidents, the burden of proof is essential.
Gathering evidence is key to proving fault and ensuring the responsible driver is held accountable. Examples of evidence in a brake-checking accident case might include dashcam footage, witness testimony, accident reconstruction, or police reports.
Solid evidence is essential for ensuring that the right driver is held accountable for a brake-checking accident, helping to strengthen your claim for compensation.
Steps to Take if You Are Involved in a Brake-Checking Accident
If you are involved in a brake-checking accident in Missouri, take the following steps to protect your rights:
- Remain calm: Do not engage in aggressive behavior or attempt to retaliate. Stay calm and assess the situation.
- Check for injuries: Make sure you and any passengers are safe. Call emergency services if necessary.
- Document the scene: Take pictures of the damage to the vehicles, skid marks, and any other relevant details. Gather the contact information of the other driver(s) and witnesses.
- Call the police: Report the accident to the police. An official report can help support your case if you need to pursue legal action.
- Consult an attorney: A skilled Missouri personal injury lawyer can help you understand your rights, determine liability, and navigate the legal process to secure fair compensation.
By following these steps, you can ensure that you gather the evidence and information needed to support your personal injury case and protect your rights after a brake-checking accident.
How to Avoid Brake-Checking and Rear-End Collisions
Preventing brake checking and rear-end collisions requires careful attention to driving habits.
Here are a few tips to help you avoid brake checking and stay safe on the road:
- Maintain a safe following distance: Always keep a safe distance between your vehicle and the one in front. Follow the “three-second rule,” which means you should be at least three seconds behind the vehicle ahead.
- Stay calm and patient: If someone is tailgating you, avoid brake checking. Instead, gradually slow down to encourage the driver to pass. Stay calm and patient to avoid escalating the situation.
- Be predictable: Use your turn signals and gradual movements to avoid surprising other drivers.
- Keep a safe distance from aggressive drivers: If another driver is brake-checking or driving aggressively, stay away from them and avoid confrontation.
These steps might help you avoid the temptation to brake check and keep you and other drivers safe from rear-end collisions.
Understanding Your Legal Rights After a Brake-Checking Accident
Brake checking is a dangerous and reckless behavior that leads to many car accidents in Missouri. Whether it’s a rear-end collision, whiplash injury, or chain-reaction crash, brake checking can cause significant harm to all parties involved.
Missouri law holds drivers accountable for reckless behavior, and if you are injured in an accident caused by brake checking, you may be entitled to compensation.
Contact a Car Accident Lawyer at Roach Law Car Accident Lawyers Today
While these laws may seem strange, they reflect Missouri’s historical efforts to maintain public order and safety. It’s important to be aware of such laws, even if they’re rarely enforced, to avoid potential legal issues.
For more information, contact the best personal injury lawyer in St. Louis, MO at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
