Brake checking, also referred to as brake testing, occurs when one driver deliberately taps or slams on their brakes to let the rear driver know that they are following them too closely. Even though many people think this is a smart thing to do to get someone to back away from the rear of their vehicle, the practice of brake checking can be incredibly dangerous. Here, we want to discuss whether or not brake checking is illegal in Arizona and what you can do if you are involved in an accident caused by someone brake checking you.
Yes, Brake Checking is Illegal in Arizona
Even though operating a vehicle too closely to a driver in front of you is not recommended, and is downright rude, it is illegal for a driver to brake check another vehicle.
Brake checking, or the action of slamming on the brakes intentionally, is sometimes done for a variety of reasons. Usually, this is a signal that a driver wants the rear vehicle to back off and give them more space. However, sometimes drivers do this to intentionally cause an accident, often with the intention of defrauding insurance carriers.
Brake checking incidents can lead to severe accidents and injuries for every party involved. Often, brake checking does lead to a rear-end collision, and it is not uncommon for these incidents to result in whiplash injuries, severe sprains or strains, traumatic brain injuries, concussions, and more.
Brake checking incidents can also lead to the rear driver taking evasive maneuvers to avoid striking the vehicle in front of them. Sometimes, this leads to the driver running into vehicles to either side of them, running into a fixed object near the roadway, or running off the roadway altogether.
How to Prove Brake Checking Actually Occurred
It is a myth that the vehicle in the rear is always at fault if an accident occurs. The reality is that either driver can be at fault in a rear-end collision. This is particularly true for a brake checking incident. However, actually proving that the front driver performed a brake checking maneuver can be challenging. There are various ways that drivers could prove that they were brake checked, including:
- Dashcam footage if they have a dashcam installed
- Video surveillance footage from nearby homes or businesses
- Statements from eyewitnesses who saw what happened
If you or somebody you care about has been involved in an accident caused by suspected brake checking, you must absolutely involve law enforcement officials. Additionally, it is strongly recommended that you reach out to a skilled vehicle accident attorney in Arizona who can handle every aspect of your case. Without proving that the other driver intentionally brake-checked you, you could be on the line for paying compensation for the other party’s injuries and property damage expenses.
An attorney will use their resources to fully investigate the case, obtain the evidence needed to prove the brake checking, and help reduce the amount of compensation you have to pay. In fact, if an attorney can prove that the other driver indeed caused the accident, you may be entitled to compensation for your injuries and property damage expenses.