Aggressive driving isn’t always someone yelling or shaking their fist. Sometimes, a driver may try to scare you if they think you’re following too closely. They might hit their brakes hard, causing a rear-end crash. Doing this can make the driver partly responsible for the accident.
Below, we explain brake checking in Texas, why it’s illegal, and how it affects fault in rear-end crashes.
What Is Brake Checking?
Brake checking happens when a driver purposely slams on the brakes while another car is right behind them. Drivers who do this might be trying to tell others to “slow down” or “back off.” A driver might do this if they think you’re tailgating them or if they’re experiencing road rage.
Brake checking isn’t just a way to get someone to back off. It can lead to serious consequences for anyone near the aggressive driver. If you’re the victim of brake checking, you have the right to seek justice and recover compensation from those at fault.
Brake Checking Is Considered Reckless Driving Under Texas Law
Texas does not have a law that specifically calls out brake checking. But under Texas Transportation Code § 545.401, it counts as reckless driving. This law covers driving with “willful or wanton disregard for the safety of people or property.”
If police charge someone with reckless driving for brake checking, they might also get other traffic tickets, such as:
- Transportation Code § 545.351: Failure to maintain a minimum speed
- Transportation Code § 545.105: Failure to appropriately signal a stop
- Texas Penal Code § 42.03: Obstructing a roadway
- Texas Penal Code § 22.02: Assault with a deadly weapon (the vehicle) in the event of extreme injury or death
In heavy traffic or at highway speeds, brake checking can quickly lead to dangerous and deadly accidents. One angry driver can cause a multi-car pileup involving dozens of passenger vehicles and commercial trucks.
Even without a specific law, Texas treats brake checking as reckless driving.
Proving Liability and Negligence in a Brake Checking Accident
In most rear-end crashes, the driver in the back usually gets blamed. Texas Transportation Code § 545.062 says all drivers must keep a safe distance from the car in front. But if the other driver brake checks you while you are already at a safe distance, they may be at fault instead.
You need a skilled car accident lawyer to show that the aggressive driver caused the crash. To recover compensation, your lawyer must prove these key parts of negligence:
- Duty: The other driver owed you a duty to operate their vehicle in a safe manner and avoid actions that might cause harm.
- Breach: The other driver failed in that duty by brake checking, causing your accident.
- Causation: Their aggressive behavior directly led to your injuries and automobile damage.
- Damages: You have economic and non-economic costs associated with your accident that must be repaid.
If you file a claim with the other driver’s liability insurance, the insurance company might first say the crash is your fault because you hit them from behind. But your lawyer can show proof that you are not at fault. They can show that the other driver caused the crash by brake checking you.
Brake Checking Can Count as “Willful and Wanton Disregard” for Others’ Safety
Texas Transportation Code § 545.401 says that reckless driving, like brake checking, puts other people at risk. If the driver gets tickets from the police, your lawyer can use them to show the other driver is responsible.
You can also use these tickets if the liability insurance company tries to deny your claim or offer too little money. Hiring a lawyer shows you are serious about holding the careless driver accountable. Often, the insurance company will work faster to give a fair settlement to avoid going to court.
Evidence That Can Help in a Texas Brake Check Accident Claim
Your attorney can use many types of evidence to show what really happened in a brake checking accident, including:
- Dashboard cameras: Video from your car can show the other driver brake checking
- Traffic or security cameras: Cameras on the street or highway can show how each driver acted.
- Witness statements: Passengers or other drivers may explain what they saw.
- Electronic data: Many newer cars have a “black box” that can record braking, speed, and other info that can prove when the driver slammed on the brakes.
- Driver tracking apps: Around 66% of people use their insurance company’s driving app. Your lawyer can request that data to support your claim.
- Police crash reports: The authorities will investigate the crash, talk to all drivers, and check the scene. Their crash reports are powerful evidence, since they come from authoritative, experienced sources.
With clear, strong evidence, your lawyer can show exactly what happened and prove that the other driver caused the crash by brake checking.
With strong evidence like dashcam footage, vehicle data, and witness statements, your lawyer can clearly prove the other driver caused the crash by brake checking.
Texas Law Allows Proportionate Responsibility, Which Could Affect Your Case
Sometimes, the insurance company or the other driver’s lawyer may say you are partly at fault for a rear-end crash. Texas law on proportionate responsibility means you cannot get money if you are more than 50% at fault. Every case is different, but your lawyer will try to reduce the amount of fault assigned to you.
For example, if the judge says you are 20% at fault because you were distracted, your $10,000 damage claim would be lowered to $8,000. Without a lawyer to explain the law, your settlement could be even smaller.
If you want help after a brake checking crash in Texas, contact our Houston car accident lawyers at Attorney Steve Lee for a free consultation and compassionate legal advice.