Brake checking is illegal in Texas according to Texas Transportation Code § 545.401.
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.
Fault in a Brake Checking Accident
In most rear-end crashes, the driver in the back is presumed at fault. Texas Transportation Code § 545.062 requires all drivers to maintain a safe following distance from the vehicle in front. However, if the other driver intentionally brake checks you while you are already at a safe distance, they may be held responsible instead.
However, insurance companies will often try to place the blame on you simply because you hit the other car from behind. They may argue you were following too closely or not paying attention.
Additionally, even if the other driver is primarily at fault, the insurance company may argue that you share some responsibility. Texas follows a rule called proportionate responsibility (or modified comparative negligence) which could reduce your compensation. Without an experienced attorney to protect your rights, you could end up with far less than you deserve.
If you have been injured in a brake checking accident, contact Attorney Steve Lee today for a free consultation. Our Houston car accident lawyers will evaluate your case, protect you from unfair blame, and fight for the full compensation you are entitled to.