Guide to Brake Checking: Be Prepared For The Worst

Brake checking is when a driver taps on their brakes in order to see if the driver behind them is paying attention while driving.

Brake checking is sometimes used to startle a driver who may be following too close to the driver in the leading vehicle. This is a dangerous way to catch someone’s attention as it could lead to a rear-end accident.

brake checking illegal in WA

 

Are Rear-End Accidents Always The Cause Of The Rear Driver?

No, the rear driver is not always to blame for a rear-end accident.
While it is always a bad idea to tailgate another vehicle, people take this to mistakenly believe that when a rear-end accident occurs, it is always the fault of the following vehicle.

 

Is Brake Checking Illegal In Washington State?

The Washington DOL lists brake checking under road rage and aggressive driving.

In this list of aggressive driving acts are others such as using the horn excessively, passing traffic and then immediately slowing down, and following too closely.

Because of the aggressive and dangerous nature of brake checking, those who do so may be held responsible for any ensuing collisions.
Drivers who brake check to teach other drivers a “lesson” or those who do it deliberately to cause an accident are a danger to themselves and other drivers on the road.

Collisions that have been caused through brake checking may be blamed on the leading driver, enabling the possibility of the following driver pursuing a personal injury claim from the leading driver.

 

What To Do If You Encounter Another Driver Who Is Brake Checking

As with any aggressive or road raged driver, it is recommended that you move away from the driver who is brake checking.

Change into another lane or turn onto another road. Be courteous if you pass the other driver and don’t do anything that could aggravate them further.

If the aggressive driver continues to harass and follow you, consider calling the police.

 

What To Do If You Have Been In An Accident Due To Brake Checking

While it may be difficult to prove that the leading driver was brake checking and caused the accident, with the right legal help it is entirely possible.

If you rear-ended another driver because he/she brake checked suddenly, you should not accept the blame of the accident. Drivers who brake check don’t give the drivers behind them enough time to react — making a collision inevitable.

If the driver in front of you brake checked suddenly to catch you off guard, then he/she should be the one taking the blame for the accident, not you.

It’s especially important to protect yourself legally if you have been injured in the accident. If the other driver was directly responsible for causing the accident then you shouldn’t have to suffer financially or physically for their mistake.

 

Don’t Go Into A Legal Battle Without The Right Offense

Get yourself legal representation today and protect yourself against unjust fines and medical expenses.

Dax Jones of The Jones Firm is an experienced, Seattle based defense attorney ready to help you with your personal injury case.

To schedule your first consultation with Dax Jones, give The Jones Firm a call or contact us today. Dax Jones offers a free initial consultation for all first-time clients and wants to help you start building your case today.

FREE Consultation!

Dax Jones, J.D. provides:

+ Award-winning Injury Lawyer
+ Creative & progressive strategies
+ Client-focused communication

Fill out the following form for a FREE consultation with Dax: