Brake Checking Illegal In Washington

Brake checking is when a driver taps on their brakes 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.

Why Do People Brake Check?

Brake checking is a dangerous and illegal maneuver. What is a brake check? It’s when a driver forces the trailing car to either brake hard to avoid a collision or risk rear-ending the vehicle in front of them. Is a brake check illegal? Yes, it is in Washington State and most other jurisdictions.  Reckless driving behavior can result in serious consequences.  Here are some common reasons drivers might do it, though it’s important to understand that none of these reasons justify this reckless behavior:

• Anger or frustration: Drivers who are angry or frustrated with another driver on the road may check their brakes to scare or intimidate them. This type of aggressive driving can have serious consequences, and it’s important to ask yourself, “Is it illegal to brake check someone?”. The answer is yes!
• Teaching a lesson: Some drivers believe that brake checking is a way to teach another driver a lesson for tailgating or aggressive driving. This is not only illegal but also a dangerous way to communicate on the road.
• Sending a message: Drivers may brake check to send a message to another driver, such as “slow down” or “back off.” There are safer ways to communicate with other drivers, such as using your horn or turn signals.
• Accidentally: In some cases, brake checking can be accidental. However, if a driver is not paying attention to traffic conditions or is following too closely, they can be held responsible for the consequences.

What is Brake Checking and Is Brake Checking Illegal?

Brake checking is when a driver suddenly and intentionally slams on their brakes in front of another vehicle without a valid reason. This forces the trailing driver to either brake hard to avoid a collision or risk rear-ending the vehicle in front of them, You might wonder, “Is it illegal to brake check?”, and the answer is yes. Brake checking is illegal in Washington State and in most other jurisdictions. It can be considered reckless driving and lead to tickets, fines, and even license suspension.

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 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?

When asking, “Is it illegal to brake check?” we can refer to the Washington DOL, which 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.

Brake Checking – Illegal in Washington State: What Are the Consequences?

If you are caught brake checking, you could face serious legal and financial consequences. You could also be held liable for any damages or injuries caused by an accident that results from brake checking. Insurance companies take potential fraud very seriously, adding additional complexity to claims where brake checking is involved.

How to Avoid Brake Checking

The best way to avoid brake-checking accidents is to drive defensively:

• Stay alert: Pay attention to the road ahead of you and the drivers around you.
• Maintain a safe following distance: The recommended following distance is three to four seconds behind the car in front of you. Don’t tailgate!
• Use your turn signals: Let other drivers know your intentions.
• Avoid aggressive driving: Don’t speed, cut off other drivers, or make sudden lane changes. Even if someone else is driving recklessly, it’s important to remember that brake checks are illegal and put everyone at risk.
• Stay calm: If someone brake checks you, don’t retaliate. The best course of action is to safely disengage from the situation.

Reasons Why Brake-Checking Cases Are Hard to Prove

Brake-checking cases can be difficult to prove because there is often no physical evidence to corroborate witness statements. Dashcam footage, if available, can be a valuable tool. If you have been in an accident that you believe was caused by brake checking, here’s what you should do:

• Collect Evidence: Try to get the license plate number and description of the brake-checking driver’s vehicle. If there are witnesses, get their contact information.
• Take Photos: If you can, take photos of the accident scene and any damage to your vehicle.
• Contact an Attorney: An experienced personal injury attorney can investigate the accident and help you gather evidence to support your claim.

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 breaks 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 an 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.