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Brake Checking: What It Is, What to Do, and the Legal Implications
I was driving home from work, minding my own business, when the car in front of me suddenly slammed on its brakes. I had to do a quick stop to avoid hitting them, and I was understandably furious. I honked my horn and gave the driver a piece of my mind. But then I realized, they had just avoided an accident. A car had pulled out in front of them, and they had no choice but to brake suddenly. I felt bad for yelling at them, but I was still shaken up.
This incident got me thinking about brake checking. What is it? What are the legal implications? And what should you do if someone brake checks you?
What is Brake Checking?
Brake checking is when a driver suddenly applies their brakes, often without warning, to cause the vehicle behind them to brake as well. This can be done intentionally to harass or intimidate the driver behind them, or it can be done unintentionally due to distractions or poor driving habits.
Legal Implications of Brake Checking
Brake checking is illegal in most states. It can be considered reckless driving, which is a moving violation that can result in fines, points on your license, or even jail time. In some cases, brake checking can also be considered assault, especially if it causes an accident or injuries.
What to Do If You Are Brake Checked
If someone brake checks you, the most important thing to do is to stay calm and avoid getting into an accident. Here are some tips:
- Keep a safe distance between you and the car in front of you.
- Be aware of the other driver’s behavior and be prepared to brake if they do.
- If the other driver does brake check you, do not retaliate. Just brake smoothly and safely.
- If you feel threatened, call the police.
Expert Advice on Avoiding Brake Checking
In addition to the tips above, here are some expert tips on how to avoid brake checking:
- Be aware of your surroundings and anticipate the actions of other drivers.
- Drive defensively and leave yourself plenty of room to maneuver.
- Avoid distractions while driving, such as texting or talking on the phone.
- Take breaks when you are tired or stressed.
FAQ on Brake Checking
What is the difference between brake checking and defensive driving?
Brake checking is intentionally causing the vehicle behind you to brake suddenly, while defensive driving is taking steps to avoid accidents, such as maintaining a safe following distance and being aware of your surroundings.
Can I be sued if I brake check someone?
Yes, you can be sued for brake checking if it causes an accident or injuries. You may also be charged with reckless driving or assault.
What should I do if I am brake checked?
If you are brake checked, the most important thing to do is to stay calm and avoid getting into an accident. Keep a safe distance between you and the car in front of you, and be prepared to brake if they do. If you feel threatened, call the police.
Conclusion
Brake checking is a dangerous and illegal maneuver that can have serious consequences. If you are brake checked, the most important thing to do is to stay calm and avoid getting into an accident. Keep a safe distance between you and the car in front of you, and be prepared to brake if they do. If you feel threatened, call the police.
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