Brake checking is a dangerous driving practice that falls under reckless driving in Virginia. Engaging in brake checking can lead to serious consequences, including not only significant penalties but also causing accidents that lead to injury or death.
At Tronfeld West & Durrett, we have over 50 years of experience helping injured individuals across Virginia pursue legal action for car accidents. In today’s article, we’ll break down what brake checking is, why drivers engage in it, the risks involved, and the applicable laws. Let’s begin!
What Is Brake Checking?
Brake checking occurs when a driver intentionally hits the brakes abruptly to intimidate or warn a driver following too closely.
Typically associated with road rage or frustration, this aggressive driving maneuver is not only dangerous (as it can escalate tensions on the road and lead to devastating accidents) but also illegal under the reckless driving laws in Virginia. Brake checking frequently causes rear-end collisions, chain-reaction crashes, and other incidents that could easily been avoided.
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Why Do Drivers Engage in Brake Checking?
Several reasons motivate drivers to engage in brake checking, including:
Road Rage
Brake checking is commonly seen as a response to road rage. When a driver feels threatened, frustrated, or angered by the actions of others—often tailgaters—they may break check to express their discontent.
Tailgating
Tailgating, or following another vehicle too closely, is a frequent cause of brake checking. Some drivers use brake checking as a means to force tailgaters to back off, but this is a reckless and illegal way to manage the situation. While the goal is to get the tailgating vehicle to increase its distance, brake checking is more likely to cause a rear-end collision.
‘Crash for Cash’ Scheme
The fraudulent actions known as ‘crash for cash’ schemes involve a driver deliberately causing a rear-end collision by brake checking to profit from insurance payouts. These schemes are illegal and result in serious legal consequences when the fraudulent nature of the crash is uncovered.
Consequences of Brake Checking
Among the most common consequences of brake checking, we find:
- Rear-end collisions: Abrupt braking often causes the vehicle behind to crash into the back of the brake-checking car.
- Chain-reaction crashes: On highways or busy roads, a rear-end collision can trigger multi-vehicle accidents.
- Escalating road rage: Brake checking often provokes further aggressive driving, increasing the danger for everyone on the road.
- Liability for accidents: In Virginia, the driver who brake checks can be held legally responsible for causing the accident, making them liable for damages and injuries.
If you’re dealing with an accident involving brake checking, you may face legal and financial repercussions. To effectively handle your car accident case, contact an experienced lawyer at our law firm as soon as possible after the incident.
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Virginia Tailgating and Brake Checking Laws
In Virginia, brake checking is considered a form of reckless driving, even though no specific statute explicitly names it. It falls under broader reckless and aggressive driving behaviors, both of which are illegal and punishable under state law.
According to Virginia Code § 46.2-852, it’s unlawful to drive in a manner that endangers people’s safety or property, regardless of the speed limit. This includes brake checking.
On the other hand, Virginia Code § 46.2-816 prohibits following another vehicle more closely than is “reasonable and prudent”, based on speed and traffic conditions. If a driver tailgates and causes an accident, they may be liable. However, in cases that also involve brake-checking, both the tailgater and brake-checking driver share responsibility.
Is Brake Checking Illegal?
Yes, brake checking is illegal. If caught brake checking, you could face severe penalties, including fines, points on your driving record, and, in extreme cases, jail time.
On the other hand, brake checking can also be classified as road rage. If a driver deliberately brake checks another vehicle in an attempt to intimidate or retaliate, courts may impose additional penalties under aggressive driving statutes. This means they could be found at fault not only for the collision but also for intentionally creating hazardous conditions on the road.
Potential Penalties
- Fines: Brake-checking penalties can include fines up to $2,500, depending on the severity of the offense and whether it caused an accident or injury.
- Driving record points: A reckless driving conviction for brake checking adds six points to your driving record, which remains for 11 years.
- License suspension: Drivers convicted of brake checking could face a license suspension of up to six months, especially if the offense involved high speeds, repeated violations, or caused significant danger to others.
- Jail time: Brake checking can result in up to 12 months in jail if classified as reckless driving. Jail time is more likely if the action leads to a crash or endangers other road users.
- Increased insurance rates: Convictions for brake checking lead to increases in insurance premiums, and in some cases, it may become difficult to find affordable coverage or even obtain insurance altogether due to the severity of the offense.
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Alternatives to Brake Checking – Safe Ways to Handle Tailgaters
Instead of brake checking, which is reckless and dangerous, drivers have several safer options for dealing with tailgaters:
- Gradually slow down: By gently reducing your speed, you can encourage the tailgater to pass without risking an accident.
- Change lanes: If it’s safe to do so, move into another lane to allow the tailgater to overtake your vehicle.
- Remain calm: Aggressive driving only escalates dangerous situations. It’s essential to stay relaxed and avoid retaliating.
- Use signals: Turn on your hazard lights or gently tap the brakes to signal the driver behind you.
Legal Representation for Brake Checking Issues – Consulting a Traffic Defense Attorney
If you’ve been involved in a traffic incident that included brake checking, don’t hesitate to seek legal representation. At Tronfeld West & Durrett, our experienced attorneys have been handling these cases since 1972. We can help you build a solid claim, negotiate with insurers, and enhance your chances of a fair outcome.
To schedule a free consultation, understand your legal options, and know your claim’s potential value, contact us today. There are no fees unless we win your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form